Tinkit

Terms and Conditions

Date of last revision: June 21, 2019.

These Terms and Conditions of Use (“Terms”) govern your access to, and use of, Tinkit, L.L.C. (“Company”), web services, mobile applications, products, and services that link to or reference these Terms (collectively referred to as the “Services”), so please read them carefully.

 

By accessing or using the Services, you are agreeing to these Terms and concluding a legally binding contract with Tinkit, L.L.C., a State of Washington limited liability company headquartered in Bellevue, Washington.  Do not access or use the Services if you are unwilling or unable to be bound by the Terms. 

 

You are also subject to the Company’s Privacy Policy. You agree that the Company may alter, modify, update or terminate these Terms and/or the Privacy Policy at any time, and from time to time, with or without notice to you. The provisions relating to Copyrights, Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, and General shall survive any termination.

 

  1. DEFINITIONS

            1.1.      Parties

"You" and "Your" refer to you, as a user of the Services.  A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses the Services. "We," "Us," and "Our" refer to the Company.  A “facility” is a “user” of products and/or services that We partner with to provide Services.

            1.2.      Content

"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Services, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Service. "Company Content" means Content that we create and make available in connection with the Services. "Third Party Content" means Content that originates from parties other than Company or its users, which is made available in connection with the Services. "Service Content" means all of the Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and Company Content.

  1. USE OF SERVICE.

            2.1       Eligibility.  You must be 13 years of age to use the Content and/or Services within the United States.  By using the Content and/or Services, You represent that You have either reached the age of “majority” where You live, or have valid parent or legal guardian consent to be bound by these Terms. If You do not know whether You have reached the age of majority where You live, or do not understand this section, please ask Your parent or legal guardian for help and consent before You create a Company Account. If You are the parent or legal guardian of a minor who creates a Company Account, You and the minor accept and agree to be bound by these Terms and are responsible for all use of the Company Account or Services, including purchases, whether the minor’s account is now open or created later.  In an effort to promote safety and awareness for our Users between the ages of 13 and 17 years old, and their parents, please feel free to visit www.connectsafely.org, a non-profit dedicated to educating users of connected technology about safety, privacy, and security.

            2.2       Account Creation.  In order to use certain Services, You must register for an account with Company (“Company Account”) and provide certain information about yourself as prompted by the registration form associated with the Services.  You represent and warrant that: (a) all required registration information You submit is truthful and accurate; (b) You will maintain the accuracy of such information at all times; (c) You will choose a strong and secure password; (d) keep Your password secure and confidential; and (e) not transfer any part of Your account (e.g., connections).  You are responsible for anything that happens through Your account unless You close it, or report misuse.  

            2.3       Account Responsibilities.  Company is not responsible for Your relationship with any third-party, or other users of the Content and/or Services.  You may not: (a) copy, modify, distribute, transmit, perform, display, reproduce, publish, license, create derivative works of, transfer, or sell any Content whatsoever; (b) other than for Your use of the Service as expressly permitted in these Terms, access or attempt to access any servers or systems on which the Service is hosted, or modify or alter the Service in any way; or (c) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content transmitted to or via the Service.

                        Harassment in any manner, or form, on the Service, including via email, or submitting reviews, and/or posting of messages or by threatening, obscene, or abusive language is strictly forbidden. Impersonation of others, including a Company employee, host, or representative or other members or visitors on the Service is strictly prohibited. You may not distribute, upload to, or otherwise publish through the Service, any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Service or use the Service to solicit others to join or become members of any other commercial online service or other organization.  Any information You contribute, upload, or transmit via the Service is subject to review by the Company.  The Company or its employees may remove or edit information from the Service for any reason without notice.

                        You may display and, subject to any expressly stated limitations or limitations relating to specific Content, electronically copy, download and print hard copy portions of the Content from the different areas of the Service solely for Your own noncommercial use. Any other use of Content, including but not limited to the modification, reproduction, distribution, republication, display or transmission of Content, without prior written permission of the Company is strictly prohibited.

            2.4       Ending Services.  If Your Services are canceled (whether by You or Us), first Your right to access the Services stops immediately. Second, We will delete Data or Your Content associated with Your Service or will otherwise disassociate it from You and Your Company Account (unless We are required by law to keep it, return it, or transfer it to You or a third party identified by You). As a result, You may no longer be able to access any of the Services (or Your Content that You have stored on those Services). You should have a regular backup plan. Third, You may lose access to products You have acquired. If You have canceled Your Company Account and have no other account able to access the Services Your Services may be canceled immediately.

 

  1. PREMIUM SERVICES.

                        If You buy any of Our paid Services (“Premium Services”), You agree to pay Us the applicable fees and taxes and to additional terms specific to the paid Services.  Failure to pay these fees will result in the termination of Your paid Services.  Also, You agree that:

 

 

 

 

 

 

 

 

 

 

 

 

 

You can get a copy of Your invoice through Your Tinkit account settings under “Purchase History”.

To remove yourself from the Premium Services program, You can send e-mail to info@tinkitapp.com, or visit the following URL: https://www.tinkitapp.com, by logging into Your account and opting-out of the program.   We reserve the right to either suspend or terminate Your participation in any Premium Services program.  You agree to submit any disputes with regards to the suspension or termination of Your account in writing to Us within sixty (60) days of the suspension or termination.

  1. NOTICES AND SERVICE MESSAGES.  By using the Service, You are okay with Us using Our website, mobile apps, phone number, and email to provide You with important notices. This Agreement applies to mobile and tablet applications as well.  Also, You agree certain additional information can be shared with Us.  If the contact information You provide is not current, You may miss out on these notices.

                        You agree that we may provide notices to You in the following ways: (1) a banner notice on the Service; (2) an email sent to an address You provided, or (3) through other means including mobile number, telephone, or email.  By using the Service, You agree to keep Your contact information up to date.  To discontinue messages from Us, simply go to your Settings and deactivate Your account.  By accessing Loyalty Program Services, You agree to accept all notices during the full term of Your subscription.

 

  1. MESSAGES AND SHARING. Our Services allow messaging and sharing of information in many ways, such as Your profile, slide decks, links to news articles, and blogs.  Information and Content that You share or post may be seen by other users.  Some activities, such as sending messages, are by default private, only visible to the addressee(s).  We are not obligated to publish any information or content on Our Service and can remove it in Our sole discretion, with or without notice.

 

  1. LIMITS. Company reserves the right to limit Your use of the Content or Services.  Company reserves the right, with or without notice, to restrict, suspend or terminate Your account if Company believes that You may be in breach of this Agreement or law, or are misusing the Services.

 

  1. USER SUBMISSIONS. The Company does not, and cannot, review all communications and materials posted to or created by users accessing the Service and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing You with the ability to view and distribute user generated content on the Service, the Company is merely acting as a passive conduit for such distribution, and is not undertaking any obligation or liability relating to any contents or activities on the Service.  However, the Company reserves the right to block or remove communications or materials that it determines to be: (a) abusive, defamatory, or obscene; (b) fraudulent, deceptive, or misleading; (c) in violation of a copyright, trademark or other intellectual property right of another; (d) in violation of any law or regulation; or (e) offensive or otherwise unacceptable to the Company at its sole discretion.

                        Any personally identifiable information You transmit to the Service will be treated by the Company in accordance with the Company’s Privacy Notice.  Except for any such personally identifiable information, any material, information or other communication you submit to this Service including any ideas, comments, suggestions, data or the like (“Communications”) will be considered non-confidential and non-proprietary. The Company will have no obligations with respect to the Communications.  Furthermore, You give up all intellectual property rights, including any moral, publicity and privacy rights You have in any Communication.  By submitting Communication to Company, You agree Company is free to use the Communication, without limitation and without any compensation to You, for any purpose whatsoever and in identifiable or de-identifiable form.  The Company and its designees will be free to disclose, copy, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

 

  1. LICENSE. As between You and Company, You own the Content that You submit or post to the Services, and You are granting Company, and its affiliates, a non-exclusive license worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that You provide through our Services and the services of others, without any further consent, notice and/or compensation to You or others.

 

  1. THIRD-PARTY LINKS. In order to provide increased value to Our visitors, this Service may contain links to other Services on the Internet that are owned and operated by third-parties other than the Company (the “External Services”).  However, even if the third-party is affiliated with the Company, the Company has no control over these linked Services, all of which have separate privacy and data collection practices, independent of the Company.  The Company has no liability or responsibility for these independent policies or actions and is not responsible for the privacy practices or the content of such websites. These linked Services are provided only for Your convenience and therefore You access them at Your own risk, and You may be subject to the terms and conditions and the privacy policies imposed by such third-parties. Links do not imply that the Company sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Services.  Nonetheless, the Company seeks to protect the integrity of its Service and the links placed upon it and therefore requests any feedback on not only its own Service, but for Services it links to as well (including if a specific link does not work).  You should contact the Service administrator or Webmaster for those External Services if You have any concerns regarding such links or the content located on such External Services.

 

  1. DISCLAIMER. The Company makes no warranties or representations about the completeness or accuracy of this Service’s content.  The Company does not filter any content that children may view through our Services or “hot-linked” Services, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children under the age of 17. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.

                        THIS SERVICE AND ANY CONTENT, PRODUCTS OR SERVICES PROVIDED VIA THE SERVICE, INCLUDING LINKS, ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  THE COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR MATERIALS IN THIS SERVICE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.  AS A CONDITION OF YOUR USE OF THE SERVICE, YOU WARRANT TO THE COMPANY THAT YOU WILL NOT USE THE SERVICE FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

 

  1. AUTOMATED QUERIES. Automated queries (including screen and database scraping, spiders, robots, crawlers and any other automated activity with the purpose of obtaining information from the Services) are strictly prohibited on the Service, unless You have received express written permission from the Company.

 

  1. PATENT AND COPYRIGHTS. The Content and the Service, including the selection and arrangements thereof, are copyrighted as a collective work under the United States and other copyright laws and are the sole property of the Company and/or its licensors and are protected by patent, copyright and other intellectual property laws and may not be used except in accordance with these Terms of Use or with the Company’s express written consent. Other than as necessary for Your use of the Service in accordance with these Terms of Use, the Company grants no other privileges or rights in the Content to You, and You must keep intact all patent, copyright and other proprietary notices on the Content.  Any Content owned by the Company’s licensors may be subject to additional restrictions.

 

  1. TRADEMARKS. All trademarks, service marks, trade names and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Service are proprietary to the Company or other respective owners that have granted the Company the right and license to use such Marks.  You may not display or reproduce the Marks other than with the prior written consent of the Company, and You may not remove or otherwise modify any trademark notices from any Content.

 

  1. NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the website’s designated agent as set forth below. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.  The Company respects the intellectual property of others, and we ask our users and visitors to do the same. The Company will 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 with the DMCA, the Company will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.

                        If You believe that Your work has been copied in a way that constitutes copyright infringement, please provide the Company with the following information. Please be advised that to be effective, the notification must include ALL of the following:

 

 

Notices of claimed copyright infringement should be directed to:

            Tinkit, L.L.C.

            ATTN: Compliance Officer

            notices@tinkitapp.com

                                    IMPORTANT NOTE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE COMPANY THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS PRODUCT OR SERVICE RELATED QUESTIONS AND REQUESTS, OR QUESTIONS ON PRIVACY, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.

 

  1. LIMITATION OF LIABILITY. IN NO EVENT SHALL THE COMPANY, OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIES, LICENSORS AND THIRD PARTY PARTNERS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF THE COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, TORT, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SERVICE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE.  THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.  BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.  IN NO EVENT SHALL COMPANY’S LIABILITY FOR DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE EXCEED TEN DOLLARS ($10).

 

  1. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions (including negligent or wrongful conduct), by You.

 

  1. APPLICABLE LAWS. Your use of this Service shall be governed in all respects by the laws of the State of Washington, U.S.A., without regard to choice of law provisions.  You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Service shall be exclusively in the state or federal courts located in the State of Washington.  Any cause of action or claim You may have with respect to the Service and/or the Services must be commenced within one (1) year after the claim or cause of action arises.  The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right.  Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms of Use.  The Company may assign its rights and duties under this Agreement to any party at any time without notice to You.

                        The Company makes no representation that the Content is appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Service from locations outside Washington do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Washington.

 

  1. MANDATORY ARBITRATION AND DISPUTE RESOLUTION. Please read this section carefully, as it affects your rights.

                        19.1.    Arbitration.  We hope We never have a dispute, but if We do, You and Company agree to try for 60 days to resolve it informally. You may send Us the details of Your concern to legal@tinkitapp.com.  However, if the Company is not able to informally resolve Your complaint, You and Company agree to individual binding arbitration under JAMS Alternative Dispute resolution (“JAMS”) and the Federal Arbitration Act (“FAA”), and not to sue in court in front of a judge or jury.  The arbitration will be conducted under the JAMS Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes and the arbitrator’s decision will be final except for a limited right of review under the FAA. The following applies to any arbitration proceedings between you and the Company:

                        Before moving an unresolved informal dispute into arbitration, You must first send us a Notice of Dispute describing the nature and basis of the claim or dispute and the specific relief sought. This notice may be sent via email or U.S. mail to: legal@tinkitapp.com or Tinkit, L.L.C., Attention General Counsel, P.O. Box 19695, Seattle, WA, 98109.

                        Any arbitration must be commenced by filing a demand for arbitration with JAMS within ONE (1) YEAR from when it first could be filed.  Otherwise, it is permanently barred.  If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.

                        Whenever feasible, the arbitration will be held telephonically, unless the arbitrator finds good cause to hold an in-person hearing instead. You may choose the location of any in-person hearing from either Your county of residence; or, if You are a business, the county of Your principal place of business; or, Company’s principal place of business in King County, WA.

                        The enforcement of the arbitrator’s award will be controlled by and conducted in conformity with the FAA. Judgment upon any award may be entered in any court holding jurisdiction.

                        19.2.    Small Claims.  Notwithstanding our agreement to arbitrate disputes as provided above, the following EXCEPTIONS will apply to the resolution of disputes between us:

                        Small Claims Court. If the claim qualifies, either you or Company may bring an action in small claims court in King County, WA. Any small claims court action must be filed within one year from when it first could be filed. Otherwise, the claim is permanently barred.

                        19.3.    Injunctive relief. Company may bring a lawsuit against You in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services, or any intellectual property infringement. In these instances, Company may seek injunctive relief without first engaging in the informal dispute resolution or arbitration process, as described above in these Terms.

                        19.4.    Disputes not Covered by Arbitration. In the event that arbitration is found to be inapplicable or unenforceable for any reason, or if You exercise the option to opt-out of arbitration as provided below, the claim at issue will be brought under judicial proceedings in federal or state courts in King County, WA, and you and Company consent to personal jurisdiction and exclusive venue in such courts.

                        19.5.    Option to Opt-Out of Arbitration. You may opt out of this agreement to arbitrate.  If You do so, neither You nor Company can require the other to participate in an arbitration proceeding. To opt out, You must notify Us in writing within 30 days of the date that You first became subject to the arbitration provision in these Terms. To opt out You must send Us a clear statement that You want to opt out of arbitration, along with your name, residence or business address, and the email address associated with Your Company Account to: legal@tinkitapp.com.

                        19.6.    NO CLASS ACTIONS.  You may only resolve disputes with Company on an individual basis, and may not bring a claim as a plaintiff, or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren't allowed.

 

  1. GENERAL. If any provision of these Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein.  You agree that no joint venture, partnership, employment, or agency relationship exists between You and the Company as a result of these Terms, Our Privacy Notice, or any use of the Service or Services.  The Company’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms, or Our Privacy Notice is in derogation of the Company’s right to comply with law enforcement requests or requirements relating to Your use of the Service or information provided to or gathered by the Company with respect to such use.  These Terms, and our Privacy Notice constitute the entire agreement between You and the Company with respect to the Service, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between You and the Company with respect to the Service.  We may provide notice to You hereunder by posting announcements to the Service.

 

  1. NOTICES. Please send all notices by email to: notices@tinkitapp.com.

 

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