Terms of Service (TOS) - Thumbnail Bar Studio

Terms of Service (TOS)

Thumbnail Bar Studio – Web Edition

Please read these Terms of Service ("Terms") carefully before using or accessing Thumbnail Bar Studio ("Web App"). By accessing or using the Web App, you ("User") acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the Web App.

1. Access & Service Overview

Robert Radford / History Briefcase ("Operator") grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Web App via a web browser solely for your personal or internal business purposes. The Web App is provided as a hosted web service and is not sold, downloaded, or installed locally under these Terms.

2. Intellectual Property & User Content

Web App Ownership: The Web App, including its underlying code, interface design, graphics, branding, and all associated intellectual property rights, remains the exclusive property of the Operator. You acquire no ownership rights in or to the Web App.

User Output: You retain full ownership of all original image files, graphics, and video thumbnails created by you using the Web App ("User Content"). The Operator claims no ownership rights over your generated end-products.

3. Acceptable Use & Restrictions

You expressly agree that you shall not, directly or indirectly:

Modify, adapt, translate, reverse engineer, decompile, disassemble, or attempt to extract the source code or algorithms of the Web App;

Use automated systems, bots, scripts, or scrapers to access, extract data from, or overload the Web App or underlying hosting infrastructure;

Mirror, frame, host, redistribute, or commercially exploit the Web App service or interface;

Use the Web App to build, train, or inform a competing web service or software product;

Interfere with or disrupt the security, integrity, or performance of the Web App.

Prohibited Content: You agree that you will not use the Web App to process, generate, or display any content that is illegal, defamatory, obscene, pornographic, hateful, infringing on third-party intellectual property rights, or otherwise harmful. You assume full legal responsibility for all source images imported into the Web App and all final outputs exported by you. The Operator assumes no responsibility or liability for user-submitted or user-generated media.

4. Voluntary Contributions & Non-Refundability

The Web App is provided free to use. Any voluntary monetary contribution made (via PayPal or otherwise) is a tip/donation to support ongoing maintenance and hosting costs. Voluntary contributions:

Do not constitute a commercial sale or purchase of goods/services;

Do not grant you special privileges, guaranteed uptime, custom feature requests, or technical support;

Are non-refundable once processed.

5. Service Availability & Modifications

The Web App is hosted on third-party servers. The Operator reserves the right to modify, suspend, temporarily interrupt, or discontinue any feature or portion of the Web App at any time, with or without notice, without liability to you.

6. Disclaimer of Warranties

To the maximum extent permitted by applicable law, the Web App is provided "AS IS" and "AS AVAILABLE," with all faults and without warranties of any kind. Operator explicitly disclaims all express, implied, or statutory warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, uptime availability, title, and non-infringement. Operator does not warrant that the Web App will be error-free, secure, uninterrupted, or that your generated work will be permanently preserved.

7. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Robert Radford / History Briefcase be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, or for any loss of profits, revenue, data, business opportunity, or goodwill arising out of or in connection with your use or inability to use the Web App.

In any event, the Operator's total aggregate liability arising under or related to these Terms shall not exceed the total amount contributed by you to the Operator in the thirty (30) days preceding the claim, or $10.00 CAD, whichever is greater.

8. Termination

The Operator reserves the right, in its sole discretion, to terminate or restrict your access to the Web App immediately and without notice if you violate any provision of these Terms or engage in behavior that harms the service or server infrastructure.

9. Governing Law & Severability

These Terms shall be governed by, construed, and enforced in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the courts located in Quebec, Canada.

If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

10. Entire Agreement & Modifications

These Terms constitute the entire agreement between you and Robert Radford / History Briefcase regarding the Web App. The Operator reserves the right to update these Terms at any time by posting the revised version on the website.

11. Effective Date

These Terms are effective as of August 19, 2026.