Tinkerdoodle Terms of Service

TERMS OF SERVICE Thank you for using Tinkerdoodle! These terms of service (Terms) cover your use and access of our website, our Google Assistant action and related software (Services). These Services are provided by Tinkerdoodle, and when not mentioned directly by name, will be referenced through these Terms as “we”, “our”, or “us”. By using our Services you agree these Terms and to review our Privacy Policy. If you do not agree to these Terms or our Privacy Policy, you should not use our Services. CHANGES TO TERMS We reserve the right to modify these Terms at any time. We will always post the most current version on our website and notify you should anything material change. If you have acquired a paid license or subscription for our Services, we will notify you (for example by email or showing a message in our software) of any material changes. By continuing to use the Services after the changes become effective, you agree to the revised Terms. SERVICES, PRICING & RENEWALS From time to time the Service’s features may change, including withdrawing or adding new features as well as changing the price. You may upgrade or cancel your renewal at any time by visiting our website. Until canceled, purchased subscription to the Services will remain active and will automatically renew on each anniversary of your subscription date. Customers who purchased a one-time subscription to the Services, shall continue to be granted access, but unless expressly stated otherwise, such one-time fee does not include paid upgrades for new features. Additionally, subscriptions made via an offline purchased order shall automatically renew or automatically cancel based on the fee schedule defined within that order. INACTIVE ACCOUNTS To keep your free account active, be sure to log in at least every 6 months. Free accounts may be permanently removed due to prolonged inactivity. USER CONDUCT In connection with your access to the Services, you are responsible for compliance with all applicable laws, regulations and policies of all relevant jurisdictions. Recognizing the global nature of the Internet, you agree to comply with all applicable local rules regarding online conduct and acceptable content. Specifically, among other things, you agree that by or while accessing or using the Application you will not: - allow other persons to use your user account, and you agree that you are the sole authorized user of your account; use the Service for any purpose that is unlawful; - represent yourself as another or as a fictitious individual; - bypass any measures Tinkerdoodle may use to present or restrict access to the Service, or otherwise attempt (by any - means) to gain access to data or information that you are not entitled to access; - copy, modify, create derivatives of, decompile, or reverse engineer the Service or take any action to interfere with Tinkerdoodle’s proprietary and intellectual property rights; - impersonate any person or entity; - stalk, threaten, or otherwise harass any person; - interfere with or disrupt Tinkerdoodle or the servers or networks connected to Tinkerdoodle; - post Information or interact on Tinkerdoodle in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal; - use Tinkerdoodle in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; - post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information; - forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Tinkerdoodle; - "frame" or "mirror" any part of Tinkerdoodle, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; - rent, lease, lend, sell, redistribute, license or sublicense Tinkerdoodle or access to any portion of Tinkerdoodle; - use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of Tinkerdoodle or its contents; - transfer or sell your user account, password and/or identification to any other party; - discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation; - or cause any third party to engage in the restricted activities above. The above assurances and commitments by you shall survive termination Services. LIMITATION OF LIABILITY To the fullest extent permitted by law, in no event shall Tinkerdoodle be liable for any direct or indirect damages, loss of data, business, profits, computer hardware or software. In no event shall Tinkerdoodle's liability exceed the amount paid by you to Tinkerdoodle in the past 12 months. WARRANTIES As-Is Services. We strive to provide reliable Services and hope you enjoy using them. But there are things we cannot guarantee. We provide our Services "As is". TINKERDOODLE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING, TINKERDOODLE MAKES NO WARRANTY OF ANY KIND THAT THE SERVICES OR THE USE THEREOF WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM, OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR ERROR FREE. FEEDBACK You may provide feedback regarding the Services, including requests for functionality, features, operation, user friendliness, and suggestions for improvement. All feedback provided is made without warranty, is AS IS, and shall become the property of Tinkerdoodle. COMMUNICATIONS By becoming a Tinkerdoodle user, you agree to receive communications from us, including via e-mail. Please see our Privacy Policy regarding the nature, use and ability to unsubscribe from such communications. YOUR INFORMATION By becoming a Tinkerdoodle user, you agree that we may use your information as set forth in our Privacy Policy. You are solely responsible for your Information and your interactions with other members of the public, and we act only as a passive conduit for your online posting of your Information. Tinkerdoodle does not assert any ownership over your Information; rather, as between you and Tinkerdoodle, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Information and any intellectual property rights or other proprietary rights associated with your Information. However, in order to enable Tinkerdoodle to use your Information, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sub-licensable (through multiple tiers) right and license to exercise the copyright, publicity, and database rights you have in your Information, and to use, copy, perform, display and distribute such Information to prepare derivative works, or incorporate into other works, such Information, in any media now known or not currently known for the purpose of providing the Tinkerdoodle platform and otherwise for using your information as set forth in our Privacy Policy. INTELLECTUAL PROPERTY All intellectual property and trademark rights in Tinkerdoodle shall be owned by Tinkerdoodle absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same (the "Intellectual Property"). All other trademarks, logos, service marks, company or product names set forth in the Tinkerdoodle are the property of their respective owners. You agree that you will not use Tinkerdoodle’s Intellectual Property for any purpose except to the extent necessary to be as user of the Tinkerdoodle Services. If you create any materials using the Tinkerdoodle Intellectual Property, you agree that upon their creation Tinkerdoodle exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Intellectual Property or derivative works based on the Tinkerdoodle Intellectual Property. You further agree to assign any interest or right you may have in such materials to Tinkerdoodle, and to provide information and execute any documents as reasonably requested by Tinkerdoodle to enable Tinkerdoodle to formalize such assignment. DISCLAIMERS Tinkerdoodle is not responsible for the conduct, whether online or offline, of any user of Tinkerdoodle. You are solely responsible for your interactions with other users. Tinkerdoodle expressly disclaims any liability arising from the unauthorized use of your user account. Should you suspect that any unauthorized party may be using your user account or you suspect any other breach of security, you agree to notify us immediately. We disclaim all liability, regardless of the form of action, for the acts or omissions of other users (including unauthorized users, or "hackers"). THIRD PARTY SERVICES You may enable access to certain third party services and web sites (collectively and individually, "Services") through our software. Use of these Services requires Internet access and may require you to accept additional terms and may be subject to additional fees. INDEMNITY To the fullest extent of the law, you will defend, indemnify, and hold Tinkerdoodle including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of Tinkerdoodle, including but not limited to: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party; (3) any allegation that any materials that you submit to us or transmit through Tinkerdoodle or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (4) any other activities by you in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person. TERM AND TERMINATION This Agreement is effective upon your creation of a user account. This Agreement may be terminated by Tinkerdoodle, without cause, upon written notice. DISPUTE RESOLUTION Any dispute, controversy or claim arising under, out of or relating to these Terms and any subsequent amendments of these Terms, including, without limitation, their formation, validity, binding effect, interpretation, performance, breach or termination, as well as non-contractual claims, shall be submitted to arbitration before the American Arbitration Association ("AAA") in accordance with the AAA Commercial Arbitration Rules. The place of arbitration shall be Seattle, Washington. The language to be used in the arbitral proceedings shall be English. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief as necessary, without breach of this section and without abridgment of the powers of the arbitrator. The arbitrator may award any form of individual or equitable relief, including injunctive relief. Any award will be final and conclusive to the parties and may be entered in any court of competent jurisdiction. You agree to the entry of injunctive relief to stop any lawsuit or to remove you as a participant in such a suit. Notwithstanding the foregoing, if you represent an entity or institution subject to state law mandating different dispute resolution terms, Tinkerdoodle agrees to such state law requirements. GENERAL Except as expressly provided otherwise herein, this Agreement shall be governed by the laws of the State of Washington without regard to choice of law principles. This choice of law provision is only intended to specify the use of Washington law to interpret this Agreement and is not intended to create any other substantive right to non-Washington residents to assert claims under Washington law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Tinkerdoodle, in our sole discretion by providing notice to you. Any notices to you shall be provided to you through Tinkerdoodle or given to you via the email address or physical you provide to Tinkerdoodle during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party's right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Tinkerdoodle with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written. If you have any questions regarding Tinkerdoodle, please contact our customer support team at tinkerdoodle[at]googlegroups[dot]com.