Last Updated: August 31, 2024
Welcome to the website and mobile application of Sandbox Ideas, LLC. Please read these Terms and Conditions (“Terms”) carefully before using the www.sandbox.app website, mobile applications, web-based applications, platforms, and any other services or content owned and operated by Sandbox Ideas, LLC, an Illinois limited liability company (collectively, the “Services”).
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. By accessing or using the Services, you signify that you have read, understood, and agree to be bound by these Terms, as well as any other terms and policies referenced herein, including our Privacy Policy. If you do not agree to all of the Terms, you may not access or use the Services.
Sandbox Ideas, LLC (“Sandbox,” “we,” “us,” or “our”) reserves the right, in its sole discretion, to modify these Terms at any time. Such modifications shall be effective immediately upon posting by Sandbox on the Services (as indicated by the posted update date). Your continued use of the Services after any such modifications indicates your acceptance of the modified Terms. You should review the Services and these Terms periodically for any modifications.
These Terms are organized into the following sections:
- Scope and Acceptance of Terms
- License and Use of the Services
- User Conduct and Restrictions
- Content Ownership and Intellectual Property Rights
- Account Creation and Security
- Payment Terms and Subscriptions
- Termination and Suspension of Services
- Disclaimers and Warranties
- Limitation of Liability
- Indemnification
- Modifications to the Terms
- Governing Law and Dispute Resolution
- Entire Agreement, Severability, and Assignment
- Contact Information
1. Scope and Acceptance of Terms
These Terms apply to all visitors, users, and others who access or use the Services. By using the Services, you agree to comply with these Terms, and you acknowledge that you have read and understood all the terms and conditions contained herein.
If you do not agree to these Terms, you must not access or use the Services. Your use of the Services is also governed by our Privacy Policy, which is incorporated by reference into these Terms.
2. License and Use of the Services
License Grant. Sandbox grants you a personal, limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your personal, non-commercial use. This license is conditioned upon your compliance with these Terms and any applicable laws.
Restrictions on Use. You agree not to:
- Share (including posting on social media) any content from a conversation you had on the Sandbox platform without express written consent of your conversation partner.
- Share, copy, modify, distribute, display, perform, sublicense, or create derivative works from any part of the Services, except as expressly permitted by these Terms or with Sandbox’s prior written consent.
- Share (including posting on social media) any communications you have had with us in relation to the Services.
- Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
- Engage in any activities that interfere with or disrupt the operation of the Services, including transmitting any malware, viruses, or harmful code.
- Engage in any conduct that could be considered illegal under applicable law. ● Engage in the Prohibited Conduct listed in Section 3 below.
3. User Conduct and Restrictions
Prohibited Conduct. You agree that you will not engage in any of the following activities:
- Post, upload, or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, or otherwise objectionable.
- Post, upload, or transmit any of our content to another platform, including any social media website.
- Harass, intimidate, or impersonate any person or entity, including Sandbox or its employees.
- Infringe on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Conduct any form of automated data collection, including web scraping, data mining, or data harvesting, without Sandbox’s express written consent.
Monitoring and Enforcement. Sandbox reserves the right, but has no obligation, to monitor user content or activities on the Services. Sandbox may remove or restrict access to any content or user account that it determines, in its sole discretion, violates these Terms or is otherwise harmful, objectionable, or inappropriate.
4. Content Ownership and Intellectual Property Rights
Ownership of Content. All content provided through the Services, including but not limited to text, graphics, images, software, audio, video, and interactive features (collectively, the “Sandbox Content”), is owned by Sandbox or its licensors. You acknowledge that the Sandbox Content is protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
User-Generated Content. By submitting or posting any content through the Services, you grant Sandbox a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform such content in connection with the Services.
Third-Party Content. The Services may contain links to third-party websites or services that are not owned or controlled by Sandbox. Sandbox has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Sandbox shall not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with your use of any third-party content.
Confidentiality. You agree to keep confidential all communications you have had with us related to the Services, including messages with any employees or contractors of Sandbox Ideas, LLC. You agree not to post our content on social media, or otherwise share it with third parties.
5. Account Creation and Security
Account Registration. To access certain features of the Services, you may be required to create an account with Sandbox. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Sandbox immediately of any unauthorized use of your account or any other breach of security. Sandbox will not be liable for any losses or damages arising from your failure to comply with these obligations.
6. Payment Terms and Subscriptions
Fees and Payments. Certain features or services provided by Sandbox may require payment of fees. By using these features, you agree to pay all applicable fees, which are non-refundable, unless otherwise stated in these Terms or required by applicable law.
Subscription Services. If you subscribe to any services offered on a subscription basis, you agree to pay the subscription fees as set forth at the time of subscription. Your subscription will automatically renew at the end of each term unless you cancel it in accordance with Sandbox’s cancellation policy.
7. Termination and Suspension of Services
Termination by You. You may terminate these Terms at any time by discontinuing your access to and use of the Services.
Termination by Sandbox. Sandbox reserves the right, in its sole discretion and without notice, to suspend or terminate your access to the Services for any reason, including but not limited to your breach of these Terms or any applicable law.
Effect of Termination. Upon termination of these Terms, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity, and limitations of liability.
8. Disclaimers and Warranties
As-Is Basis. The Services are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
No Warranty of Availability or Security. Sandbox does not guarantee that the Services will be available, secure, or free from errors or defects. You use the Services at your own risk and discretion.
9. Limitation of Liability
No Liability for Indirect Damages. Sandbox shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your use of or inability to use the Services. For the avoidance of doubt, Sandbox shall have no obligation to indemnify you for your use or misuse of the Services.
Cap on Liability. In no event shall Sandbox’s total liability to you for all claims arising out of or related to these Terms or the use of the Services exceed the amount you paid to Sandbox in the one month preceding the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless Sandbox, its affiliates, officers, directors, employees, agents, and representatives from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use or misuse of the Services, (b) your violation of these Terms, or (c) your violation of any rights of a third party.
11. Modifications to the Terms
Sandbox reserves the right to modify these Terms at any time. Any changes to these Terms will be effective immediately upon posting to the Services. You agree to review these Terms periodically to ensure that you are aware of any modifications. Your continued use of the Services following any changes constitutes your acceptance of the revised Terms.
12. Governing Law and Dispute Resolution
Governing Law. These Terms and any disputes related to these Terms or the Services will be governed by and construed in accordance with the laws of the State of Illinois without regard to its conflict of law principles. This choice of law provision is intended to apply to these Terms and any related disputes, irrespective of your location.
Dispute Resolution and Arbitration. You and Sandbox agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (each, a “Dispute”) will be resolved through binding arbitration rather than in court. The arbitration will be conducted by the American Arbitration Association and its rules and procedures, including its Consumer Arbitration Rules (or the relevant rules at the time of the dispute). The arbitration shall be conducted in Chicago, Illinois, or another mutually agreed location. The arbitrator’s decision will be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.
Waiver of Class and Representative Actions. You agree to resolve any Dispute with us on an individual basis, and you waive any right to participate in a class action or any other collective or representative proceeding against us, whether in arbitration or otherwise.
Right to Opt-Out. You have the right to opt-out of this arbitration agreement by sending written notice of your decision to opt-out to legal@sandbox.app within thirty (30) days of first using the Services. Your written notice must include your name, address, and a clear statement that you do not wish to resolve disputes with Sandbox through arbitration. Your decision to opt-out of this arbitration provision will not affect any other provisions of these Terms.
Severability. If any provision of this arbitration agreement is found to be unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
Jurisdiction and Venue. To the extent that any lawsuit or court proceeding is permitted under these Terms, you and Sandbox agree to submit to the personal and exclusive jurisdiction of the state courts and