- Acceptance of Terms. This mobile application and web site, including any portion of this website or mobile app accessible through the homepage http://tinkerlink.com, or any other mobile version thereof (collectively the “App” or “Tinkerlink”) is published and maintained by Tinkerlink, Inc. and its subsidiaries, affiliates and/or related entities (collectively “Company”). These terms of service (the “Terms”) constitute a legally binding agreement made between you and Company concerning your access to and/or use of the App. By visiting, accessing, posting, browsing, registering for, or using the App in anyway, you agree to be bound, without limitation or qualification, to the Terms set forth herein. These Terms apply whether you are accessing the App via personal computer, a mobile device, or any other technology or device now known or hereafter developed (each a “Devise”). Tinkerlink is owned by Company. Our goal is to provide a safe and easy to use platform where people seeking expert services are able to connect with those people offering their services (the “Services”). These Terms may be updated or modified from time to time pursuant to Section 2. Registered users of our App are called “Members” and unregistered users are “Visitors.” If you do not agree to the Terms, please do not use Tinkerlink.
- App Eligibility/Age Requirement. To use the App, you agree that: (1) you must be the “Minimum Age” (defined below) or older; (2) you will only have one Tinkerlink account, which must be in your real name; and (3) you are not already restricted by Tinkerlink from using the App. The term “Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for Tinkerlink to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is such older age. The Services are not for use by anyone under the age of 13.
- Your Membership. As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and the list of Must Dos and Cants below. You are responsible for anything that happens through your account unless you close it or report misuse.
- Messages and Sharing. Our Services allow messaging and sharing of information in many ways, such as your Tinker Cards (this is where Members can post either what services they are looking for or what service they are providing ). Information and content that you share or post may be seen by other Users or, if public, by Visitors. Where we have made settings available, we will do our best to honor the choices you make about who can see content or information (e.g., sharing to a group instead of your network, limiting your profile visibility, or not letting people know when you change your profile, make recommendations or follow people or companies). We are not obligated to publish any information or content on our App and can remove it in our sole discretion, with or without notice. Users and visitors may be able to share Tinker Card(s) through third party platforms, including, but not limited to Facebook and Twitter.
- Ownership of Content. As between you and Tinkerlink, you own the content and information that you submit or post to the Services and you are only granting Tinkerlink the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways
- You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
- While we may edit and make formatting changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
- Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.
By submitting suggestions or other feedback regarding our Services to Tinkerlink, you agree that Tinkerlink can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your Tinker Card information will be truthful.
- Disclaimer. By using the App and/or Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Tinkerlink generally does not review content provided by our Users. You agree that we are not responsible for third parties’ (including other Users/Visitors) content or information or for any damages as result of your use of or reliance on it. Tinkerlink does not endorse and is not responsible or liable for any content, data, advertising, products, goods or services offered on the App, including but not limited to Tinker Cards. You agree that should you use or rely on such content, data, advertisement, products, goods, services and/or Tinker Cards offered on the App, or through any User, Tinkerlink is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with anyone from the App, including any Users, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such party exclusively and does not involve Tinkerlink. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging anyone from the App.
You agree that Tinkerlink is not responsible for the accessibility or unavailability of any User and/or third party or for your interactions and dealings with them, and waive the right to bring or assert any claim against Tinkerlink relating to any interactions or dealings with any User and/or third party and release Tinkerlink from any and all liability for or relating to any interactions or dealings with any User.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of, third parties or Users found on or through the use of the App, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Tinkerlink shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Users on the App.
Under no circumstances will Tinkerlink be responsible for any wireless charges incurred by a User (or any person that has access to a User’s wireless device, telephone number, or email address) for access or use of the App.
Tinkerlink is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites. Accordingly, if you decide to access Third Party Sites, you do so at your own risk and agree that your use of any Third Party Sites is on an “as-is” basis without any warranty as to the Third Party Sites’ actions, and that this Agreement does not apply to your use of any Third Party Site.
Please note: If you allow a Third Party Site to authenticate to or connect with your Tinkerlink account, that application or website can access information on Tinkerlink related to you and your connections.
- Access Limitation. Tinkerlink reserves the right to limit your use of the App and/or Services, including the number of your connections and your ability to contact other Users or post a Tinkerlink Card. Tinkerlink reserves the right to restrict, suspend, or terminate your account if Tinkerlink believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Must Dos Cants).
Tinkerlink reserves all of its intellectual property rights in the Services. Any trademarks, service marks, graphics, and/or logos used in connection with Tinkerlink are trademarks or registered trademarks of Tinkerlink. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
- No Warranty. TO THE EXTENT ALLOWED UNDER LAW, TINKERLINK (AND THOSE THAT TINKERLINK WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS. SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
- Liability Exclusion. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS TINKERLINK HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), TINKERLINK (AND THOSE THAT TINKERLINK WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TINKERLINK AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF TINKERLINK HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
- Things you Must Do. You agree you will:
- Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
- Provide accurate information to us and keep it updated;
- Use your real name on your profile;
- Use the Services in a professional manner.
11.1 Things You Can’t Do. You agree you will not:
- Act dishonestly or unprofessionally, including by posting inappropriate, inaccurate, or objectionable content;
- Add content that is not intended for, or inaccurate for, a designated field (e.g. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Tinkerlink);
- Create a false identity on Tinkerlink;
- Misrepresent your current or previous positions and qualifications;
- Misrepresent your affiliations with a person or entity, past or present;
- Create a User profile for anyone other than yourself (a real person);
- Use or attempt to use another’s account;
- Harass, abuse or harm another person;
- Send spam or other unwelcomed communications to others;
- Scrape or copy profiles and information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
- Act in an unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable manner;
- Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
- Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights or other proprietary rights;
- Violate the intellectual property or other rights of Tinkerlink, including, without limitation, using the word “Tinkerlink” or our logos in any business name, email, or URL.
- Post anything that contains software viruses, worms, or any other harmful code;
- Create profiles or provide content that promotes escort services or prostitution.
- Creating or operate a pyramid scheme, fraud or other similar practice;
- Copy or use the information, content or data of others available on the Services (except as expressly authorized);
- Copy, modify or create derivative works of Tinkerlink, the Services or any related technology (except as expressly authorized by Tinkerlink);
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology, or any part thereof;
- Imply or state that you are affiliated with or endorsed by Tinkerlink without our express consent;
- Collect, use, copy, or transfer any information obtained from Tinkerlink without the consent of Tinkerlink;
- Share or disclose information of others without their express consent;
- Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” the Services or any related data or information;
- Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
- Monitor the Services’ availability, performance or functionality for any competitive purpose;
- Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
- Override any security feature of the Services;
- Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms)
- Registration Information. We may require that you create an account to use or access certain parts of the Apps and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Apps and Service, you agree to (a) provide Tinkerlink with true, accurate, current and complete information as prompted by the registration forms, when registering for or using the Apps and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password.
- Tinkerlink Rights. As a condition of submitting any content to the App, you agree that:
- you grant to Tinkerlink a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to Tinkerlink all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Apps and Services;
- you grant to Tinkerlink all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
- you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, Tinkerlink, and others as described and otherwise contemplated in these Terms;
- you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms;
- you are solely responsible for your reviews and ratings;
- Tinkerlink may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
- you will not submit any reviews that may be considered by Tinkerlink to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
- all of your reviews and ratings will either be based upon your actual first-hand experiences with the Tinker you are reviewing;
- all of your reviews and ratings will be accurate, honest, truthful, and complete in all respects;
- you do not work for, own any interest in or serve on the board of directors of, any of the Tinkers for which you submit reviews and ratings;
- you have not received any form of compensation to post reviews and ratings;
- you will not submit reviews that comment on other users or the reviews of other users;
- you will not submit reviews with hyperlinks; and
- the reviews and ratings that you provide do not reflect the views of Tinkerlink, its officers, managers, owners, employees, agents, designees or other users.
- Publication and Distribution of Content. Tinkerlink cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the App and Services. You acknowledge that Tinkerlink simply acts as a passive conduit. You understand that Tinkerlink does not control, and is not responsible for Content made available through the App and Services, and that by using the App and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content. You further acknowledge that Tinkerlink has no obligation to screen, preview, monitor or approve any user-generated Content on the App and Services. However, Tinkerlink reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms. By using the App and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the App and Services. Under no circumstances will Tinkerlink be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the App and Services. You waive the right to bring or assert any claim against Tinkerlink relating to Content, and release Tinkerlink from any and all liability for or relating to any Content. Tinkerlink has no obligation to review, monitor, or remove any Content or other materials, except as required by law. You may, however, report Content that you believe violates these Terms or is otherwise unlawful by sending an email to email@example.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking advice of an attorney.
You agree that Tinkerlink may establish general practices, policies and limits, which may or may not be published, concerning the use of the Apps and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the App and Services in a given period of time. You agree that Tinkerlink has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the App and Services. You agree that Tinkerlink has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- No Liability for Tinkers. Tinkerlink does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Tinker. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Tinkerlink, Tinkerlink is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Tinker, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Tinker exclusively and do not involve Tinkerlink. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Tinkers.
You agree that Tinkerlink is not responsible for the accessibility or unavailability of any Tinker or for your interactions and dealings with them, waive the right to bring or assert any claim against Tinkerlink relating to any interactions or dealings with any Tinker, and release Tinkerlink from any and all liability for or relating to any interactions or dealings with Tinkers.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of third parties or Tinkers found on or through the use of the App and Service, including payment for and delivery or fulfillment of related services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that Tinkerlink shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Tinkers on the Tinkerlink App and Service
- Termination of Access. Tinkerlink may terminate your privilege to use or access the App and Service immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the App and Service and agree not access or make use of, or attempt to use, the App and Service. Furthermore, you acknowledge that Tinkerlink reserves the right to take action, whether technical, legal or otherwise, to block, nullify or deny your ability to access the App and Service. You understand that Tinkerlink may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to Tinkerlink. All provisions of these Terms which by their nature should survive termination shall survive the termination of your access to the App and Service, including, without limitation, provisions regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
- Trademarks and Copyrights. All graphics, logos, designs, page headers, button icons, scripts, and service names not provided by Users are the trademarks or trade dress of Tinkerlink in the U.S. and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion. You should assume all Content and material made available on the Apps and Services is protect by copyright law. Aside from User Content, all other materials and other information on the App, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of Tinkerlink and/or its licensors and are protected by all United States and international copyright laws.
- Notice and Procedure for Making Claims of Copyright Infringement.
- A) Tinkerlink respects the intellectual property of others. It is our policy to respond to all legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the App and Service who are infringers.
- B) Notifying Tinkerlink of Copyright Infringement: Send infringement notices to: firstname.lastname@example.org
Please note that you may be liable for damages (including reasonable costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. Any infringement notice should include:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description specifying the location on our website of the material that you claim is infringing;
- Your email address and your mailing address and/or telephone number;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
- C) Providing Tinkerlink with Counter-Notification: If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to Sections 512(g)(2) and (3) of the Digital Millennium Copyright Act. You must send such notice to email@example.com which includes the following:
- Your physical or electronic signature;
- Identification of the material removed or to which access has been disabled;
- A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified;
- Your full name, your email address and your mailing address.
- Indemnity. You agree to indemnify, defend and hold harmless Tinkerlink, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs due to or arising from: (a) any violation of these Terms; (b) the inaccurate or untruthful Content or other information provided by you to Tinkerlink or that you submit, transmit or otherwise make available through the Service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. Tinkerlink will have sole control of the defense of any such damage or claim at your sole expense. Legal fees and costs will be payable by you when due.
- New York Choice of Law and Venue. You agree that any claims Any claim, cause of action or dispute (“claim”) arising out of or related to these Terms or your use of the Services shall be governed by the laws of the state of New York regardless of your country of origin or where you access Tinkerlink, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Tinkerlink agree that all claims arising out of or related to these Terms or your use of the Services must be resolved exclusively by a state or federal court located in New York County, New York. You and LinkedIn agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims. Notwithstanding the above, you agree that Tinkerlink shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.