Terms of Service
USER Agreement
We (TinkrBox) may update, modify or change this Agreement at any time and your continued use of the Site (Tinkrbox.com) after we post the new Agreement means that you have accepted that new Agreement. This Agreement (and our Privacy Policy) constitute the entire agreement between you and us and replaces and supersedes any prior agreements. You may save, print or store a copy of this Agreement for your records.
You are responsible for:
- What and how you share it. We respect the intellectual property rights of others and ask that you do the same. We assume no responsibility or liability for your activity in connection with the Site. You must make your own determination as to whether what you share and how you share it violates anyone's rights (including copyright) or any laws or any contractual or fiduciary relationship (such as insider information or proprietary or confidential information learned or disclosed to you under an obligation of confidentiality). Neither we nor the Copyright Office can determine for you whether a particular use of another's copyrighted content is fair.
- What you view. Although we prohibit the posting of objectionable content (see below), we do not prescreen content other than attempting to filter out pornographic material. Using the Site may expose you to content that you find objectionable, inappropriate or offensive, and posted content might be inaccurate, false or misleading. You agree that your use of the Site and Software is at your own risk and that we are not responsible or liable for any harm resulting from such use.
- Your Username and Password. Your Username will also be your alias on the Site and will be associated with all of your activity on the Site. We may require you to change your Username if we determine that it is offensive. You are fully responsible for maintaining the confidentiality of your Password, for ensuring that you logout at the end of each session, and for all activities that occur on the Site under your Username. You must notify us of any unauthorized use of your Username or Password or any other breach of security.
- Your Profile Image. You will have the opportunity to upload a profile image. This image will appear next to your Username each time your Username appears on the Site.
- Providing us accurate registration information. We will use your email address as part of the registration process, to respond to your customer support inquiries and forgotten password requests, to keep you informed about updates to the Site, to enable other users to find you and as authorized by the Privacy Policy (which you acknowledge to have read, understood and accepted).
For our part, we:
- May remove content. We may, but have no obligation to, remove content stored on our servers that we believe to be, or a third party believes to be, offensive, posted in breach of an obligation, unlawful or infringing, or that were created by certain users, come from specific web pages or sites, or contain certain Tags or content, or for any other reason. We may also provide Users with site moderation privileges to do some or all of the above.
- May gather information, including metadata, text and the URL, from source pages from which you Clip.
- Do not bundle third party software but may include third party advertisements and other content on the Site.
- May terminate, restrict or disable your account at our discretion for any reason, including, but not limited to, if you violate this Agreement.
In exchange, you agree not to:
- Post content or make use of the Content in a way that violates anyone's copyrights or other rights. See above. You agree not to use the Site to upload, post, transmit or otherwise disseminate content or other data that (1) you do not have the right to transmit under any law or any contractual or fiduciary relationship, (2) infringes any intellectual property rights of another, or (3) that is unlawful, harmful, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, pornographic, abusive, threatening, or otherwise objectionable.
- Use the Site to cause offense. You may not (1) abuse, harass, threaten, impersonate or intimidate any other user of the Software or Site or otherwise interfere with any other user's use and enjoyment of the Site, (2) impersonate or misrepresent your affiliation with any person or entity whose Content appears in a Box you create, transmit, or post, (3) create or submit unwanted email messages to any other users of the Site, (4) transmit any worms or viruses or any code of a destructive nature (such as to interrupt, destroy or limit the functionality of any computer service or hardware or telecommunications equipment) via the Site, (5) use the Site to violate any laws or terms of use of any third party web sites, or (6) post Mature content without Tagging it as such.
- Violate our rights in the Site. You may not (1) sublicense, sell, rent, lease, transfer, reproduce, modify, publish, publicly display, distribute, adapt, translate, create derivative works of, or exploit any right in any portion of the Site. (2) decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software or Site or obtain the intellectual property, trade secrets or other proprietary information embodied in the Software, (3) remove, obscure, or alter any copyright, trademark or other proprietary notice embedded in, affixed to or accessed via the Site, (4) damage, disable, overburden, interfere with, disrupt or impair the Site, or servers or networks connected to the Site in any manner, including using the Site in an automated manner, (5) modify, adapt or hack the Site or any other website so as to imply falsely that it is associated with TinkrBox.
Our legal rights
- NO WARRANTY. TinkrBox, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, REPRESENTATIVES AND AGENTS (FOR THE PURPOSES OF THIS LEGAL RIGHTS SECTION, WE) DISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE SITE. YOU EXPRESSLY UNDERSTAND AND AGREE THAT 1) THESITE ARE PROVIDED ON AN ÒAS ISÓ AND ÒAS AVAILABLEÓ BASIS WITH NO WARRANTIES WHATSOEVER, 2) WE EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, INCLUDING THAT THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED AND ERROR FREE, LIMITATION ON OUR LIABILITY. WE WILL NOT BE LIABLE TO YOU OR A THIRD PARTY, UNDER ANY CIRCUMSTANCES, INCLUDING NEGLIGENCE, FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, THIRD PARTY OR CONSEQUENTIAL, INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA AND BUSINESS INFORMATION AND THE LIKE, ARISING OUT OF YOUR USE, MISUSE OR INABILITY TO USE THE SOFTWARE OR SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MIGHT NOT APPLY TO YOU. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT YOU PAID US FOR USE OF THE SOFTWARE AND SITE.
- You Indemnify Us. You agree to indemnify, defend and hold us harmless from and against any and all claims, lawsuits, demands, actions or other proceedings brought against us by any third party due to, arising out of or related to your use of the Site, your violation of this Agreement, any law or regulation or any third party rights. You agree to pay any and all costs, damages and expenses, including reasonable attorneys fees, awarded against or otherwise incurred by us in connection with such proceedings.
- Our Intellectual Property. Tinkrbox owns all right, title and interest in and to the Site and the intellectual property rights (including trademark rights, patent rights, copyright rights, trade secret rights and any other proprietary rights) therein, and you acknowledge that ownership and that the limited license we grant you does not convey or transfer any ownership to you.
- Enforcement. While TinkrBox has made no effort to publish the site elsewhere, because this site is published on the World Wide Web it is accessible in Singapore and in other countries. Each of these places has laws that may differ from those of Singapore and from each other. You and TinkrBox both benefit from establishing a predictable legal environment in which to publish, access and use this site. Therefore, by publishing, accessing and/or using TinkrBox web site, you and TinkrBox explicitly agree that all disputes, claims or other matters arising from or relating to your use of this site will be governed by the laws of Singapore, without regard to its conflicts of law principles. You agree that all claims you may have against TinkrBox arising from or relating to the operation or use of this web site will be heard and resolved in a court of competent subject matter jurisdiction located in Singapore. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access this web site from locations other than Singapore, you will be responsible for compliance with all local laws of such other jurisdiction.