Terms Of Service
Thank you for using TinkerList. TinkerList is a product of TinkerList bvba (from now on also referred to by “we”, “us”, or “our”). By using the Services offered via the TinkerList online platform (also termed “TinkerList Services” or “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Services”), including any subsequent changes or modifications to them.
If you will be using the Services on behalf of an organization, you agree that you have the authority to bind that organization to these Terms of Services on behalf of that organization. In such case, “you” and “your” will refer to that organization.
If you do not agree to these Terms of Services, please do not access or use the TinkerList online platform and its Services.
1. Intellectual property
In the course of using our Services, you provide us with ideas, concepts, scripts, audiovisual material, and other creative work, from now on termed as “Content”. Your Content is owned by you, provided that you own sufficient rights to the original Content. We claim no intellectual property rights over the Content you provide to the Services. We will not sell your Content to anyone. We will not use the Content you collect and create, for purposes unrelated to you or our Services, except in a limited set of circumstances (e.g. if we are lawfully compelled, or if you have given us written permission to do so).
We will treat all Content as confidential information and only use and disclose it in accordance with these Terms of Services. We will not disclose your Content to any person without your prior written consent, and then only under conditions of confidentiality approved in your writing.
TinkerList Services provide features to export, share, duplicate your work and invite others to access and use your Content. Consider carefully who to invite and which rights you will grant them. We take no responsibility for breaches in confidentiality related to such actions.
3. Consent to use data to improve our Services
You agree that we may collect and use technical and related usage information in order to improve the TinkerList Services.
We may collect usage data about you whenever you interact with the Services. This may include which web pages within the Service you visit, what you click on, what actions you perform, when you performed those actions, etc. Additionally, like most websites today, our web servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of each access, including originating IP addresses, operating system versions, device type, system and performance information, browser type and timestamps. We may also infer your geographic location based on your IP address.
We may use third party tracking services that employ cookies and page tags (also known as web beacons) to collect aggregated and anonymized data about visitors to our websites. This data includes usage and user statistics. Emails and invitations sent by TinkerList or by users through our Services may include page tags that allow the sender to collect information about who opened those emails and clicked on links in them. We do this to allow the email sender to measure the performance of their email messaging and to learn how to improve email deliverability and ultimately our Services.
4. Acceptable use and conduct
The Services are made available to you and to your company for personal and/or commercial use, which must be in compliance with all applicable laws, rules and regulation, and must not infringe or violate third party rights.
You must be a registered user to access the Services. You are responsible for keeping your password secure, and keeping the information to your account up to date (including but not limited to the name, address and VAT number of the company, your name, email address). You will be solely responsible and liable for any activity that occurs under your name. You should immediately notify us of any unauthorized use of your account.
Any unauthorized use of any TinkerList Service is a violation of this Agreement, and of federal laws. Such violations may subject the unauthorized user to civil and criminal penalties.
You agree not to misuse the TinkerList Services. For example, you must not, and must not attempt to, use the Services to do the following things:
- probe, scan, or test the vulnerability of any TinkerList Services, system or network;
- breach or otherwise circumvent any security or authentication measures;
- interfere with or disrupt any user, host, or network, for example by sending a virus or by overloading the Services;
- plant malware or otherwise use the Services to distribute malware;
- send unsolicited communications, promotions or advertisements, or spam through our Services;
- send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- publish anything that is fraudulent, misleading, or infringes another’s rights;
- promote or advertise products or Services other than your own without appropriate authorization;
- promote Content containing what is determined as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material;
- impersonate or misrepresent your affiliation with any person or entity;
You agree not to copy, upload, download, or share Content unless you have the right to do so. You are fully responsible and liable for what you copy, upload to us and share with others while using the Services. You are responsible for maintaining and protecting all of your Content.
You are solely responsible for your conduct, and your data related to the Services. You agree to indemnify, defend, and hold harmless TinkerList.tv, its subsidiaries and its suppliers from all loss, all costs, all liability and expenses arising from or related to your data, your use of the Services or your violation of these Terms.
5. TinkerList property
These Terms of Services do not grant you any right, title or interest to the TinkerList Services. TinkerList and the other technology we use to provide the Services are protected by copyright, trademark, and other applicable European laws. These Terms do not grant you any rights to use any TinkerList trademarks, logos, domain names, or other brand features. You agree that you will not copy, reproduce, alter, modify or create derivative works from the TinkerList Services.
6. Fees and Payments
You agree to pay us for the Services you purchase, in accordance with the pricing and payment terms you select through your account management page for those Services. Failure to pay fees when due, may result in the applicable Services being limited, suspended, or terminated, which may result in a loss of your Content associated with that Services.
Services are billed on a subscription basis a project license with optional storage fee. Project licenses are billed annually. Storage charges are billed monthly on a company bases. This means that you will be billed in advance, on a recurring, periodic basis, depending on the subscription plan. Each such recurring monthly or annual period is called a billing cycle.
At the end of the billing cycle you will have the option to renew or to park the project.
Service invoices will not be transmitted automatically but will be provided in PDF format via the account management page.
Upgrading subscription plans
In case your use of the Services exceeds the chosen subscription plan (i.e., when your data hosted by TinkerList exceeds the specified amount of data that is included in the company license subscription), we will provide you with a written notice via the account management page, and will provide you with an opportunity to upgrade your subscription within 30 days.
In case you do not respond to this notice, after 30 days following the notice, the applicable Service will be limited, and your access may be limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
Unless otherwise stated, you are responsible for any taxes or duties associated with the sale of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay us for the Services without any reduction for Taxes. If we are obliged to collect or pay Taxes, the Taxes will be invoiced to you, unless you provide us with a valid tax exemption certificate authorized by the appropriate taxing authority or other documentation providing evidence that no tax should be charged. We will not charge you VAT if you provide us with a VAT number issued by a taxing authority in the European Union, if you are purchasing the Services from us for business reasons and are located in a European Union member state.
We may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will provide you with reasonable prior written notice of any change in fees via the account management page to give you an opportunity to cancel your Subscription before the change becomes effective.
7. Refund policy
TinkerList will not, under any circumstances, issue refunds for early subscription cancellation or for unused Services at any times. If you have a question about charges made to your account, please contact us immediately. If the charges were made in error, we will credit your account or credit card account for the appropriate amount. TinkerList has a zero tolerance policy for chargebacks.
8. Disclaimer of warranties
You understand and agree that the Services are provided on a “as is” and “as available” basis. While we adhere to the highest standards in programming and strive for the best possible uptime, complex software is never wholly free from defects, errors and bugs and is never entirely free from security vulnerabilities.
Use of the Services is at your sole risk. TinkerList.tv, its affiliates and its suppliers expressly disclaim all warranties of any kind, express or implied, including but without limitation, any warranty of merchantability, fitness for a particular purpose, non-infringement of bailment of your data on TinkerList servers.
You will be solely responsible for any damage to you, resulting from the use of the Service. The entire risk arising out of use, security or performance of the Service remains with you.
Without limiting the foregoing, the Service is not designed or licensed for use in hazardous environments, requiring fail-safe controls.
No oral or written advice given by TinkerList.tv, its subsidiaries, its dealers, distributors, agents or employees shall create a warranty or in any way increase the scope of this warranty, and you may not rely upon such information or advice.
9. Limitation of liability
TinkerList.tv, or anyone else who has been involved in the creation, production or delivery of the Service, cannot be liable, and shall not pay any amount, for any direct or indirect, special, incidental, consequential or punitive damages (including but not limited to loss of use, business interruption, loss of profits, loss of data, and the like arising out of the use or inability to use the Service or or resulting from unauthorized access to or alterations of data). You assume the entire risk as to the quality and performance of the Service.
10. Termination of Services
TinkerList reserves the right to terminate any account that it finds in violation with its Terms of Services, without refund. You also have the option of canceling your account at anytime without penalty. In the event of account cancellation, any available Content submitted or created by you by using our Services remains your exclusive property and we will undertake reasonable efforts to make it available to you.
We may, but have no obligation to, remove accounts and Content containing what is determined as unlawful, offensive, threatening, defamatory, obscene or otherwise objectionable material. We may remove Content that violates any party’s intellectual property or these Terms of Services.
11. Miscellaneous conditions
The TinkerList Services may change over time as we refine and add more features. We may modify these Services without prior notice. Although unlikely, we may terminate the Services at anytime, for any reason. In this case, we will provide a prior notice and we will undertake reasonable efforts to make your Content available to you
We reserve the right to modify these Terms of Services at any time. In this case we will provide a prior written notice via the account management page.
The laws of Belgium and Europe govern these Terms of Services and your use of the Services. Any disputes in connection with these Terms of Services shall be exclusively decided by the competent court having jurisdiction for the Legal district of TinkerList.tv’s registered office.
Users with questions about this Terms of Services may contact TinkerList at firstname.lastname@example.org or at TinkerList.tv, De Hoorn, Sluisstraat 70, 3000 Leuven, Belgium.