These terms govern your use of the tupperbox.app website and the Tupperbox Discord bot, together referred to as the “Services”, provided by Tupperbox LLC (“Tupperbox”, “we”, “us”, or “our”).

In these terms, “you” and “your” refer to the natural person or legal entity using the Services. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind that entity and its affiliates to these terms, and hereafter “you” and “your” refers to that entity.

Please read these terms carefully. These terms are a legally binding contract between you and Tupperbox LLC. By using the Services in any way, you agree to all of these terms, and the agreement is effective as of the date your use of the Services begins. If you do not agree to the terms, you may not use or access the Services in any way.

If you have any questions, comments, or concerns regarding these terms, please contact us using the "Contact Us" section below.

Age requirements

Anyone under the age of thirteen (13) is not allowed to use the Services. By using the Services in any way, you represent and warrant that you are at least 13 years of age. The laws in your country may set a different minimum age for consenting to the processing of your personal data, and in that case, you must additionally be at least that age to use the Services. Anyone who is a minor (as defined by your relevant jurisdiction) can only use the Services with the permission of your parent or legal guardian.

Restrictions on Use of Tupperbox Services

By using the Services, you agree that you will not contribute any content or submissions or otherwise use or interact with the Services in a manner that:

Deceives, defrauds, or misleads anyone, for example deceptive impersonation of another person or entity;
Uses the Services in an abusive, excessive, or otherwise inappropriate way, such as for spamming purposes;
Systematically collects data from us or other users;
Attempts to gain unauthorized access to the Services or any other user's account, or otherwise bypasses any security measure or access control;
Defames, abuses, harasses, threatens, or otherwise violates the legal rights of others;
Infringes the intellectual property rights of others;
Resells, sublicenses, rents, loans, leases, time shares or otherwise makes the Services available to any party not authorized to use the Services under these terms;
Modifies, adapts, alters, translates, copies, or creates derivative works based on the Services;
Uses the Services for unlawful purposes or to store unlawful material;
Uses the Services to send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, or agents;
Disrupts the integrity or performance of the Services;
Otherwise violates Discord's Terms of Service or Community Guidelines.

Failure to comply with these restrictions may result in a suspension or permanent ban from using the Services.

Privacy Policy

We believe strongly in respecting the privacy rights of our users. No data is collected from any user unless they have previously registered data with the Services (for example, by registering a tupper), or they are directly interacting with Tupperbox (for example, using a command on Discord). Except as necessary for the operation of the Services, Tupperbox does not collect your personal or identifying information. All collected data is only used to provide the Services and we do not share your data to third parties except as necessary to provide the Services (such as sending tupper profile details to Discord). We do not sell your data. Please review our privacy policy to fully understand what data we collect and how it will be used.

Content Policy

Your Content

"Your Content" or just "Content" refers to any messages, text, links, images, videos, files, or other media transmitted by you through the Services, such as by uploading, posting, or sharing.

Tupperbox assumes no ownership or responsibility over Your Content and we are not responsible or liable for how others use Your Content.

By submitting Content through the Services, you warrant and represent that the Content is lawful, that you have the right to share it, and that you have the right to grant us the licenses in the following section. You also acknowledge that Your Content may be displayed publicly, for example if you post it to a public Discord server or you otherwise elect to make the Content publicly available through the Services.

We reserve the right to refuse, restrict access to, or disable any of Your Content if it violates these terms or if we find it to be harmful to Tupperbox or other users.

License to Process Your Content

In order to provide the Services, Tupperbox needs a license from you to be able to process and transmit Your Content on your behalf to third parties like Discord. This license is not a claim of ownership and only allows us to do certain necessary things with Your Content in connection with providing the Services.

When you use the Services, you give us a license to:

Use, copy, store, distribute, and communicate Your Content as necessary to provide the Services.
Publish, publicly perform, or publicly display Your Content if you've made it visible to others.
Monitor, modify, translate, and reformat Your Content.
Sublicense Your Content to allow the Services to work as intended.

This license is worldwide, non-exclusive, royalty-free, transferable, and perpetual.

You and/or your licensors shall retain all right, title and interest in all Content stored in the Service, including any revisions, updates or other changes made to such Content.

Excluded Data

You shall not provide Tupperbox with any Content that is subject to heightened security requirements by law, regulation or contract (examples include but are not limited to the Gramm–Leach–Bliley Act (GLBA), Health Insurance and Portability and Accountability Act (HIPAA), Family Educational Rights and Privacy Act (FERPA), the Child’s Online Privacy Protection Act (COPPA), the standards promulgated by the PCI Security Standards Council (PCI-DSS), and their international equivalents (collectively, “Excluded Data”). Tupperbox shall have no responsibility or liability for Excluded Data.

Third-Party Content

The Services may include links to Third-Party Content. This can include articles, photos, videos, music, software, and other materials.

We do not monitor or review Third-Party Content for accuracy or appropriateness. We are not responsible for the content, privacy practices, or any other aspect of Third-Party Content. If you access Third-Party Content, you do so at your own risk.

Inclusion of or linking to Third-Party Content does not mean we endorse or approve such content. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties are those of the respective author(s) or distributor(s) and not of Tupperbox.

Any purchases made through third-party websites are between you and the third party. We do not take responsibility for these transactions and any issues that arise from them.

Operation

Data Loss

In the process of making updates and improvements to the Services a user's data may be lost or a part of the Services removed as part of these updates. If any user data may be lost as part of a planned update, we will plan to give appropriate notice in advance, so that users may make local copies if desired.

Corruptions, bugs, or other unforeseen events which cause data loss may happen that occur without our intent. We try to mitigate these events by keeping long-term backups of data, but it is unfortunately impossible to guarantee that data will not be lost, so we make no such guarantee.

In any case, you are solely responsible for the preservation of your data provided to Tupperbox via the Services. We strongly recommend that you maintain your own copies of any data provided to us, as we cannot always guarantee that we will be able to return your data.

Downtimes

On occasion, we will need to introduce planned service disruptions (or "downtimes") for maintenance purposes. In such cases, we intend to make use of available channels, such as the Support Server's #announcements channel, to notify you in advance of these downtimes.

In other cases, unplanned downtimes may occur, intentional or otherwise. We try to minimize these as much as possible, but there will always be circumstances beyond our control which render the Services inaccessible.

We make no guarantee that the Services will be available at any given time. You should not rely on the Services for critical applications.

Updates

We are continuously trying to improve the Services. In the process, changes may be made to the Services that alter existing functionality.

Any features or functions related to the Services which are not currently available, but are referenced on any Tupperbox website, or in any verbal or electronic communications, may not be delivered on time or at all. The development, release, and timing of any features or functionality described for our products and services remains at our sole discretion.

If you decide to purchase one of our paid offerings, you agree that the purchase is based solely upon features and functions that are currently available as of the time of purchase, and not in expectation of any future feature or function.

Term and Termination

Requested Termination

You may request deletion of your account data at any time by contacting us in the Support Server using the account for which you would like to request deletion. You are responsible for making sure any Content you wish to keep is saved before requesting deletion. Upon receipt of your request, we will delete all data associated with your account as soon as we are able, subject to our data retention and backup policies, and subject to applicable law.

Upon termination, any outstanding fees and charges you owe to us will remain due and payable.

Our Right to Terminate

We reserve the right to suspend or terminate your access to the Services for any reason, including but not limited to:

Violation of these Terms of Service
Conduct that we believe is harmful to other users, our operation, or third parties
Legal or regulatory reasons
Extended periods of inactivity

We will attempt to provide notice of termination where possible, but we are not obligated to do so.

Effect of Termination

If this agreement is terminated all of your rights to use the Services will terminate. Termination of your access to the Services may include removal of your data and preventing you from accessing any part of the Services, including any content you or others have submitted.

Survival of Terms

Provisions of the following sections shall survive termination or expiration of these terms: Intellectual Property, Limitation of Liability, Indemnity, Governing Law, and any other provisions that by their nature should survive termination.

Payment, Billing, and Taxes

Tupperbox's development and operation is paid for by users who opt to pay a subscription fee for access to certain features of the Services.

Should you decide to purchase a subscription, you agree to pay all fees and charges associated with the subscription for the duration that you choose to maintain the subscription.

Payment: We use third-party payment processors such as Stripe to transmit payments to us. We offer multiple methods of subscription such as through tupperbox.app, Patreon, or Discord. Depending on which method you choose, your payment information and subscription renewal may be handled according to different terms. You are responsible for reviewing the policies of the platform you choose. In case of conflict, your chosen third-party payment processor's terms of service shall supersede these terms.

Automatic Renewal: By enrolling in a subscription, you authorize Tupperbox to automatically charge your payment method at the beginning of each subscription period until the subscription is canceled. The date of this renewal is based on the date of the original purchase and cannot be changed.

Cancellation Policy: You may cancel your subscription at any time. The method to cancel depends on the payment processor used to pay for your subscription. Upon cancellation, your subscription will remain active until the end of the current billing period, after which it will not be renewed and you will not be charged further.

Refund Policy: Subscription fees are non-refundable, except where required by law or at our sole discretion. In general, we are happy to provide users with a one-month refund upon reasonable request, especially early in the subscription term. Our ability to issue refunds may be limited by your chosen payment processor. We reserve the right to refuse any refund requests.

Changes to Fees: We reserve the right to change our subscription fees at any time. Any changes to fees will be communicated to you in advance, and will apply to subsequent billing periods after the notice period.

Taxes: All fees are exclusive of taxes, levies, or duties, (“Taxes”), and unless you can provide a valid state sales/use/excise tax exemption certificate (or other reasonable evidence of exemption) to Tupperbox, you will be responsible for payment of all such Taxes excluding taxes based solely on Tupperbox’s income.

Learn More: To learn how to cancel your subscription, request a refund, or contact us regarding any other payment related issues on your chosen payment processor, see our FAQ regarding payment issues.

Intellectual Property

We do not claim ownership of any intellectual property posted by our users using the Services.

Use of Aggregate Information: Tupperbox may collect, anonymize, and aggregate data derived from the operation of the Services (“Aggregated Data”), and Tupperbox may use such Aggregated Data for purposes of operating Tupperbox’s business, monitoring performance of the Services, and/or improving the Services. Aggregated Data belongs to Tupperbox.

Feedback: You grant to Tupperbox a non-exclusive, royalty-free, fully paid up, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you relating to the features, functionality or operation of the Services (“Feedback”). Feedback does not include Your Content. Notwithstanding any other term herein, Feedback shall not create any confidentiality obligation for Tupperbox.

Reservations of Rights: Except for the limited rights expressly granted to you within these Terms, Tupperbox reserves all rights, title, and interest in and to the Services, the underlying software, and any and all improvements, modifications and updates to them (including any arising from Feedback), including without limitation all related intellectual property rights. No rights are granted to you other than as expressly set forth in these Terms. Nothing in these Terms will impair Tupperbox’s right to develop, acquire, license, market, promote or distribute products, software or technologies that perform the same or similar functions as, or otherwise compete with those you develop, produce, market, or distribute.

Takedown Notice

If you believe that someone is using Tupperbox to violate your intellectual property rights, use the process outlined below to issue a formal takedown notice.

Contact us at [email protected] or send a letter to:

Copyright Manager of Tupperbox LLC 7533 S Center View Ct STE R West Jordan, UT 84084 United States

Your notice MUST include the following: (i) A statement, made under penalty of perjury, that you are authorized to act on the behalf of the copyright or intellectual property owner; (ii) A description of the work or works you believe have been infringed upon; (iii) An identification of the location of the material on our services you believe is infringing, including identifiers like URLs or other IDs, such that we can locate the material; (iv) A statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; (v) Your name and contact information, including mailing address, telephone number, and/or email address, such that we may contact you; (vi) Your physical or electronic signature.

If you make a fraudulent or bad faith submission, you may be held liable for damages. These damages may include legal and financial consequences. By submitting a notice you confirm that you understand the repercussions of submitting a false claim, and that you are the rights holder or have received permission from them to operate on their behalf.

Upon receipt of a valid takedown notice satisfying all of the above conditions, we will review and possibly remove the alleged infringing material. Repeated acts of infringement may be grounds for termination of access to the Services at our sole discretion.

Counter-Notices

If Your Content was removed due to a copyright infringement takedown, and you believe that the takedown was a mistake or misidentification, you may send a counter-notice to our Copyright Manager using the contact information above.

Include the following in your counter-notice: (i) A description of the material and an identification of the location of the material before it was removed; (ii) A statement, made under penalty of perjury, that you have a good faith belief that the material was removed due to a mistake or misidentification; (iii) Your name and contact information, including mailing address, telephone number, and/or email address, such that we may contact you; (iv) A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, to the District of Utah, and that you will accept service of process from the person who reported the alleged infringement; (v) Your physical or electronic signature.

Upon receipt of a valid counter notice, it will be forwarded to the complaining party. The DMCA allows us to restore Your Content within 10-14 business days unless the copyright owner notifies us that they have filed a court action against you in that time.

Dispute Resolution

We firmly believe in your consumer rights to seek resolution to issues with these terms as you please, so we won't force you to agree to an arbitration clause. Instead, we prioritize resolving issues amicably and transparently. If you encounter any problems arising from these terms, we ask that you contact us at [email protected], so we can work with you to find an agreeable resolution.

Any claim, suit, action or proceeding arising out of or relating to these terms or their subject matter will be brought exclusively in the state or federal courts of Salt Lake County, Utah, and each party irrevocably submits to the exclusive jurisdiction and venue of such courts.

No claim or action, regardless of form, arising out of these terms may be brought by either party more than one (1) year after the earlier of the following:

the expiration or termination of all Subscriptions,
the termination of these terms, or
the time a party first became aware, or reasonably should have been aware, of the basis for the claim.

To the fullest extent permitted, each party waives the right to trial by jury in any legal proceeding arising out of or relating to these terms.

Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT OTHER WARRANTY OF ANY KIND, AND TUPPERBOX MAKES NO WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES. TUPPERBOX SPECIFICALLY AND EXPLICITLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, THOSE ARISING FROM A COURSE OF DEALING OR USAGE OR TRADE, AND ALL SUCH WARRANTIES ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, TUPPERBOX DOES NOT WARRANT THE SERVICE WILL BE ERROR-FREE OR THAT THE USE OF THE SERVICE WILL BE UNINTERRUPTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL TUPPERBOX BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXEMPLARY, CONSEQUENTIAL, SPECIAL, DIRECT, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOSS OF GOODWILL, LOSS OF DATA, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY OUR LIMIT OF LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION SHALL BE THE GREATER OF (A) THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING, OR (B) $100 USD. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT EITHER PARTY’S LIABILITY FOR DEATH, PERSONAL INJURY, OR PROPERTY DAMAGE CAUSED BY NEGLIGENCE, OR FOR FRAUD. IN THE CASE OF A JURISDICTION THAT DO NOT ALLOW EXCLUSIONS OR LIMITATIONS FOR SUCH DAMAGES SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification

If a third party initiates or threatens legal action against Tupperbox for a claim, such as:

Processing Your Data uploaded into the Services by You;
A claim relating to Your breach of its obligations under these terms, where such claim arises solely from Tupperbox operating the Services;
Any harmful act toward any other user of the Services whom you connected with via the Services

You will:

Promptly assume the defense of the claim, and
Pay costs, damages and/or reasonable attorneys’ fees that are included in a final judgment against Tupperbox (without right of appeal) or in a settlement that is attributable to Tupperbox. Tupperbox will have the right to approve any settlement of such claims.

Miscellaneous Provisions

Entire Agreement: These Terms of Service constitute the entire agreement between you and Tupperbox with respect to your use of the Services, and supersedes all prior or contemporaneous agreements, whether written or verbal.

Updates to these Terms: Tupperbox may change these terms by posting an updated version on the tupperbox.app website. By continuing to access or use the Services after such posting, you agree to be bound by the updated terms.

No Waiver: Any failure of either party to enforce performance by the other party of any of the provisions of these terms, or to exercise any rights or remedies under these terms, will not be construed as a waiver of such party's right to assert or rely upon such provision, right or remedy in that or any other instance. Neither party waives any rights or limits its remedies for actions taken outside the scope of these terms.

Assignment: We may assign, delegate, or transfer any or all rights or obligations under these terms. You may not assign, delegate, or transfer your rights or obligations under these terms in any way without our prior written consent. Assignment will not relieve the assigning party of its obligations under the assigned terms and such assignment will be binding upon and will inure to the benefit of the parties and their respective successors and permitted assigns.

Severability: If any provision of these terms is held invalid or unenforceable under applicable law by a court of competent jurisdiction, it shall be replaced with the valid provision that most closely reflects the intent of the parties, and the rest of these terms will remain in full force and effect.

Governing Law: These terms are governed by and construed in accordance with the laws of the State of Utah, without regard to conflict of law principles. The state or federal courts of Utah hold the exclusive competence to decide on controversies arising from these terms, with exception for disputes involving consumers residing in the European Union.

Prevalence of National Law: If the laws of your jurisdiction provide for higher consumer protection standards, those standards shall prevail over these terms.

Relationship of the Parties: Nothing in these terms is to be construed as creating an agency, partnership, or joint venture relationship between you and Tupperbox. Neither party shall have any right or authority to assume or create any obligations or to make any representations or warranties on behalf of any other party, whether express or implied, or to bind the other party in any respect.

Compliance with Applicable Laws: You will comply with all applicable laws, including without limitation, applicable export-control restrictions, data privacy laws, and anti-corruption laws.

Terms of Service

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