Terms of Service

(Last updated on June 23, 2016)

Welcome to U.Tinkerine.com, a site owned and operated by Tinkerine Studios Ltd. The following terms and conditions constitute a legal agreement between you and Tinkerine Studios Ltd. And its affiliates (collectively referred to as "Tinkerine", Tinkerine U", Company, "we", or "us"). These terms of service (together with the documents referred to in it) tell you the terms of service on which you may make use of our sharing platform accessible through TinkerineU.com or U.Tinkerine.com services and applications ("Services"), whether as a guest or a registered user. Use of our Services includes, but is not limited to, accessing, browsing, or registering to use our Services.

By using the Services, you acknowledge you have read, understood, and agree to be bound by these Terms of Service and further to comply with all applicable laws and regulations. You certify that any files including but not limited to 3D file, model, images, or bodies of text you upload to the Tinkerine U website does not violate any federal or state law or regulation including those pertaining to firearms, or applicable standards maintained by ISO, ASTM, ASME, or other similarly situated body. If you do not agree with these Terms of Service, you must not use the Website, Applications, or Services.

Accounts and Passwords

Access to our Services is free of charge and will end if you or we (i) terminate for convenience upon one month prior notice or (ii) you or we are in material breach of any of its terms and if the breach is not remedied within a reasonable period after written notice of it has been given to the party in breach.

We do not guarantee that our Services will always be available or uninterrupted. Access to our Services is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Services without notice. We will not be liable to you if for any reason our Services are unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Services. You are also responsible for ensuring that all persons who access our Services through your internet connection are aware of these terms of service and other applicable terms and conditions, and that they comply with them.

Accessing our Services

You will be asked to create a username and password (collectively referred to as ”Credentials”). Credentials you create must be your own and may not be offensive or vulgar. These Credentials should be treated as confidential, and you should refrain from disclosing them to any other person or entity. You also acknowledge that you are responsible for maintaining the confidentiality of your Credentials and are solely responsible for all activities that occur on your account. You agree to notify us immediately of any changes in your eligibility to use the Services, breach of security, or unauthorized use of your account. We will not be liable for the loss or damage from your failure to maintain the security of your Credentials.

You agree that Tinkerine U has the right to refuse services or to terminate service of any user at any time, for any reason, without notice. You shall have the ability to delete your account either directly or by request at any time.

Intellectual Property Rights

Tinkerine is the owner or licensee of all the intellectual property rights relating to our Services, which for the avoidance of doubt, do not include your Contributions. Our Services are protected by copyright, trademark and other intellectual property laws and treaties around the world, whether registered or unregistered, and including all applications for and renewals or extensions of such rights. All such rights are reserved.

Any commercial use of the Services is prohibited without entering into a separate written agreement with us. If you use our Services in breach of these terms of service, our permission to use our Services will cease immediately.

User Contributions and Content

You, as a designer, retain all intellectual property rights in your 3D models, including without limitation any and all derivative works, for example 3D renderings. Whenever you make use of a feature that allows you to save, add, post, submit, link or upload content to our Services or to make contact with other users of our Services ("Contribution"), you warrant that you are legally entitled to make such use of the content in your Contribution and that your Contribution does not violate any third party rights, in particular intellectual property and privacy rights.

You remain the owner or the licensee of all intellectual property rights relating to your Contribution. By making a Contribution to our platform you grant us a worldwide, non-exclusive, sub-licensable, transferable and royalty-free license to use, copy, distribute and disclose to third parties any such Contribution for the provision of our Services.

Tinkerine U also have the right to disclose your identity to any third party when we receive a formal written complaint stating that any Contribution by you to our platform constitutes a violation of its rights, in particular intellectual property or privacy rights, or if otherwise legally required to our opinion.

We have the right to remove any Contribution to our Services if that Contribution is a violation of third party rights, in particular intellectual property or privacy rights, or does otherwise not comply with applicable laws or regulations. We reserve the right to remove or disable access to any Contribution at any time without giving you (prior) notice. You shall all times maintain your own copy of Contributions uploaded through our Services.

The views expressed by other users on our platform do not represent Tinkerine's views or values.

Reliance on Information

Tinkerine U will not be responsible, or liable to any third party, for the content or accuracy of any Contribution made by you or any other user of our platform. The content accessible via our Services is provided for general information only. For various reasons we cannot guarantee that Contributions will be printed or function as intended.

Your Rights

You have the right to ask us not to process your personal data for marketing purposes. You can exercise your right at any time by contacting us at contact@tinkerine.com.

Our platform may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Limitation of Our Liability

Nothing in these terms of service excludes or limits our liability arising from our gross negligence or willful intent or any other liability that cannot be excluded or limited by British Columbia law. To the extent permitted by law, we exclude all warranties or other terms which may apply to our platform, services or any content on it, whether express or implied.

We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence) or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our Services; or
- use of or reliance on any content displayed on our platform or in connection with our Services.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our platform or to your downloading of any content on it, or on any website linked to it.

Our Services contain Contributions, links to other websites and other resources provided by third parties. These Contributions are provided as-is and these links are provided for your information only. We have no control over the contents of those Contributions, websites or resources. We assume no responsibility for the Contributions made by users or content of websites linked on our platform. Such Contributions or links should not be interpreted as endorsement by us of those Contributions or linked websites. We will not be liable for any loss or damage that may arise from your use of them.

Indemnification

You agree to indemnify and hold Tinkerine and its affiliates and their employees harmless from and against all liabilities, costs, damages and expenses (including reasonable attorney’s fees) arising from or relating to any claims that result from your breach of these terms of service.

Infringement

If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been used, copied, distributed or disclosed through our Services in a way that constitutes an infringement of your rights, in particular copyright, trademark or other intellectual property rights or privacy rights, please provide us with an infringement notice ("Notice") which should include the following written information:

i. a statement that you have identified a Contribution or other material in the Services which infringes your copyright or other intellectual property rights;
ii. identification of the Contribution or other 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;
iii. your full name, email address, postal address and telephone number on which you can be contacted;
iv. a statement by you that the information in the Notice is accurate that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
v.a statement by you that you have a good-faith belief that use of the Contributions or other material in the manner complained of is not authorised by the intellectual property rights owner, its agent, or the law;
vi.physical or electronic signature (which may be a scanned copy) of a person authorized to act on behalf of owner of the work that is allegedly infringed.

For notice of claims of infringement on or regarding the Services, Tinkerine can be reached at contact@tinkerine.com.

Viruses

We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform in order to access our Services. You should use your own virus protection software.

You must not misuse our Services by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Services, the server on which our Services are stored or any server, computer or database connected to our Services. You must not attack our Services via a denial-of-service attack or a distributed denial-of service attack.

Changes to Our Platform

We may update our Services from time to time, and may change the content at any time. However, please note that any of the content related to our Services may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Services will be free from errors or omissions.

Changes to These Terms

We may revise these terms of service at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.

Applicable Law

These terms of service, its subject matter and its formation (and any non-contractual disputes or claims) are exclusively governed by Canadian law.