Global Tinker Inc. - Terms & Conditions of Use Agreement
Section 1 – Introduction & Consent to Terms
Welcome to Global Tinker Inc.’s (referred to herein as the “Company”, “we”, “us”, or “our”) Terms & Conditions of Use Agreement (referred to herein as the “Terms”, “Terms of Service”, or the “Agreement”). We look forward to providing you with the best S.T.E.A.M. (science, technology, engineering, art, and math) content available! These are the terms of use of our Services (as defined below) with you (you are referred to herein as “you” or “User”). “Please read these Terms before agreeing to use our Services. These Terms affect your legal rights and govern your relationship with our Company.
These Terms apply to all users of our affiliated websites, including, without limitation: www.globaltinker.com, www.papergirls.com, and www.styleengineersworldwide.com (the “Websites”), the Company Instagram, the Company YouTube, and any other platform or related platform where the Company offers its Services or Products (as defined below) related to S.T.E.A.M. fields, or other services accessible therefrom (referred to collectively as the “Platform” or “Platforms”).
If you do not agree to these Terms, we ask that you please not use our Platform or the Services. Use constitutes acceptance of these Terms.
Section 2 – Amendment
We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to our Websites.
By continuing to use the Platform or our Services, you will be deemed to have agreed to and accepted any amendments. If you do not agree to any change to an Agreement, you must discontinue using the Platform and use of our Services.
Section 3 – Copyright, Other Intellectual Property
The contents of the Global Tinker Platform and Services are protected by United States and international copyright laws. The contents of the Global Tinker Platform and Services are owned by or licensed to Global Tinker. You may not, and may not cause or encourage others to, reproduce, distribute, republish, upload, transmit, display, prepare derivative works of, scrape for the purposes of replicating or republishing (by you or by third parties), sell, transfer, assign, license or use for commercial purposes any copyrighted material on the Global Tinker Platform, or the Services (the “Intellectual Property”), without the prior written consent of Global Tinker. All rights not expressly granted in these Terms of Use are reserved to Global Tinker.
Global Tinker and its name, logos, etc. are trademarks or service marks ("Marks") of Global Tinker. All rights in these Marks are reserved by Global Tinker. You may not use any Global Tinker-provided Marks or other logos or graphics, without Global Tinker’s prior written consent, except that you have a license to use any Global Tinker Mark or logo included in, or required to be used in connection with any content purchased, downloaded, or viewed through Global Tinker or its licensee(s).
Section 4 – Consumer License
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform, the Services, or other creations of Global Tinker. Global Tinker requires all individuals and/or organizations to secure written permission in the form of a "licensing agreement" for the broadcasting of Global Tinker content. Please contact Global Tinker info@globaltinker.com for full licensing information.
If a Service created, sold, or distributed by Global Tinker, or third party is configured to enable the use of software, content, or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use in the United States such content, virtual item or other material for your personal, noncommercial use only, only for as long as that Service by Global Tinker is made available to you by us, or an authorized third party, and only in accordance with these Terms and/or the specific terms that apply to that product or Services, with no right to reproduce, distribute, re-publish to the public, make available to the public, or transform, in any media format or channel now known or hereafter devised.
This is a license agreement and not an agreement for sale or assignment of any rights in the Services created by Global Tinker. You may own the physical media on which elements of the Global Tinker Services are made available to you, but Global Tinker retains full and complete ownership of the Intellectual Property. The purchase of a license to use any Services of Global Tinker does not create an ownership interest in any of these Services.
Any attempt to perform any of the restricted actions as listed in these Terms is a violation of the rights of Global Tinker.
Section 5 – Products or Services.
Certain Products or Services may be available exclusively online through our Websites. These Products or Services may have limited quantities and are subject to return or exchange only according to our return policy . We have made every effort to display as accurately as possible our Products that appear on our Websites. We cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or product pricing are subject to change anytime without notice to you, at the sole discretion of Global Tinker. We reserve the right to discontinue any Product at any time.
Section 6 – Third Party Services
Global Tinker Services, Products, or otherwise may integrate, be integrated into, or be provided in connection with third-party websites, services, applications, platforms, and/or content. We do not control those third-parties or the products they make available. You should read the terms of use agreements and privacy policies that apply to such third-party products. These third-party beneficiaries are not a party to this contract. You agree that your access to the Global Tinker Services using these third-party devices also shall be subject to the usage terms set forth in the applicable third-party beneficiary’s terms of service. You represent and warrant that you have agreed to those terms and conditions.
Section 7 – Payment, Billing, Other
When you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment card updating services to obtain current expiration dates on credit cards and debit cards.
If you purchase our Services from a third-party (like Amazon or YouTube) you will also be bound by the terms and conditions set by that company.
Section 8 – Technological Requirements
To enjoy the benefits of the Services and the Platform, you must meet certain technological requirements such as having access to the internet, and a robust smartphone and/or a computer.
Section 9 – Your Content
If you send submissions of any kind without a request from us, including ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (“Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions. By you submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions posted by you.
Section 10 – Third Party Links
Our Services, Platform and any content thereof may contain links to third-party web sites or services that are not owned or controlled by us. Global Tinker has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agrees that Global Tinker shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. By using the Services and the Platform, you expressly waive us, our employees, agents, contractors, affiliates, successors and principals from all liability arising from your use of any third-party website.
We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Section 11 – Copyright Infringement
If you believe that a copyright owned by you (or your client) has been infringed, please immediately send a notice to us at Info@GlobalTinker.com and CC our agent listed below with the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
4. Information reasonably sufficient to permit our company to contact you. Email address is preferred. Please also send your address and telephone number.
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We respond to notices of copyright infringement immediately and take any such allegations seriously. The reported content will be taken down within 24 hours of written notice.
The content posted on our Makers & Shakers blog (including the interview responses, photographs, etc.) are all submitted by the interviewee. Due to the volume of submissions that we get, it is impossible for us to verify each and every item submitted by our interviewees. We do not alter, modify, or change in any way the submissions or other content provided by our interviewees.
In the event that a dispute arises out of any copyright infringement allegation arising out of one of our blog posts, will not mediate any disputes. In the event that one of our interviewees is accused of repeat infringement, his/her blog post will be taken down permanently and that person will not be permitted to submit any further content to us.
Our company prohibits any infringement of intellectual property rights by any person who submits content to be posted on our blog.
Notifications of claimed copyright infringement and counter notices must be sent to our designated agent:
Attn: Steffan Alexander Lazerow, Esq.
Address: 3952 D Clairemont Mesa Blvd. #183, San Diego, CA 92117
Phone: (240) 277-2354
Email: slazerow.law@gmail.com
Please be aware that under 17 U.S.C. §512(f), you may be liable for any damages, including costs and attorneys’ fees incurred by us or our interviewees, if you knowingly materially misrepresent that material is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a copyright complaint.
Section 12 – Privacy
In order to operate and provide the best experience on the Platform, Global Tinker may collect certain information about you. You acknowledge that when you use the Platform and the Services, Global Tinker may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Platform and Services. By using the Platform and Services, you consent to all reasonable actions taken by Global Tinker with respect to your information.
Section 13 – Term & Errors
These Terms will remain active and in full force and effect so long as they are posted on our Websites.
Occasionally there may be information on our Websites that contain typographical errors, inaccuracies or omissions that may relate to descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or change orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
Section 14 - Disclaimer
The Services, the Platform and our products are provided 'as is' and, to the extent permitted by applicable law, Global Tinker and its directors, officers, employees, agents, representatives, licensors, third party providers and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, fitness for a particular purpose and infringement. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the Platform or Services.
Section 15 – Limitation of Liability
It is your responsibility to ensure you follow installation instructions, have the minimum system requirements, update software as recommended, and consult our customer service resources if you encounter a problem with our Services. We shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.
WE ARE NOT RESPONSIBLE FOR ANY LACK OF FUNCTIONALITY OR FAILURE TO PROVIDE ANY PART OF OUR PRODUCTS OR SERVICES OR ANY LOSS OF CONTENT OR DATA THAT IS DUE TO: YOUR EQUIPMENT, DEVICES, OPERATING SYSTEM OR INTERNET CONNECTION; OR YOUR FAILURE TO COMPLY WITH SPECIFIED COMPATIBILITY REQUIREMENTS.
WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE PRICE YOU PAID US FOR THE SERVICES OR THE PRODUCTS.
Section 16 – General Provisions
a. Entire Agreement. These Terms contains the entire agreement between you and us and there are no other promises or conditions other than in any purchase order with Global Tinker or those found with our third-party partners.
b. Waiver. The failure of either Party to enforce any provision of these Terms shall not be construed as a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with every provision of this Agreement.
c. Assignment. You may not assign, pledge, delegate, or otherwise transfer any of your rights or obligations under this Agreement without Global Tinker prior written consent.
d. Relationship. Nothing in these Terms shall create, or is intended to create, an agency, employment, franchise, joint venture, or partnership relationship between you and us.
e. Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of California. Any dispute arising from this Agreement shall be subject to binding arbitration . The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. The prevailing Party in any dispute shall be entitled to recover its/his/her reasonable attorney’s fees and costs.
f. Notices. All notices should be sent via email to info@globaltinker.com and via mail to slazerow.law@gmail.com.
g. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
Section 17 – Questions
If you have any questions or comments regarding these Terms, please feel free to contact us by email at info@globaltinker.com.