Terms Of Service
Thank you for using TinkerList!
TinkerList is a product of TinkerList.tv bvba (from now on also referred to by “we”, “us”, or “our”).
Note that if you will be using the Services on behalf of an organization, you agree to comply to any agreements discussed in the Service Level Agreement (SLA) between your organization and TinkerList.tv. In such case, “you” and “your” will refer both to you and to that organization.
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 or that you have cleared the content with the copyright holders. 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
We may collect usage data about you whenever you interact with the Services. This may include the web pages and media you store within the Service, 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. 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 uptimes, 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.
7. 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.
8. Termination of Services
TinkerList reserves the right to terminate any account that it finds in violation with its Terms of Services, without refund. 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.
9. Miscellaneous conditions
The TinkerList Services may change over time as we refine and add more features. In this case, we will provide a prior written notice via the account management page.
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
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 email@example.com or at TinkerList.tv, De Hoorn, Sluisstraat 79 03.01, 3000 Leuven, Belgium