1.1 "Company" means the entity MODE, Inc.
1.2 "You" means yourself and any entities you represent.
1.3 "Service" refers the services and web sites that are at or under the tinkermode.com domain offered by the Company.
2. General Terms
This legal agreement between you and the Company (the “Agreement”) applies to You and your use of any and all the Company's products, services and websites. By accepting these Terms of Service or by creating an account, completing electronic acceptance process, or using the Service, you acknowledge that you have read, understood, and agree to be bound by this Agreement. You and any party or entity that you are using the Service on behalf of represent and warrant that You are authorized to bind yourself and any other party on whole behalf to this Agreement. If you do not have such authority, or if you do not agree with this Agreement, you must not accept this Agreement and may not use the Service. The Terms will remain in full force and effect while you use the Service. You can review the most current version of this Agreement at any time at http://www.tinkermode.com/legal/tos.html.
2.2 Modification of terms
The Company reserves the right to change the terms of service. Company may change these Terms at any time by posting a revised Terms document on the web site or sending an email to the address You provided. Your continued use of the Service indicates your acceptance of such change. You should check the web site periodically for any changes.
3. License Agreement
The Company grants you a revocable, royalty-free, non-exclusive, worldwide, non-transferable license to access, use, execute and deploy the software as a part of Service for a specified subscription term. This license is for the sole purpose of enabling you to use the Service as expressly authorized by the Company and these Terms.
You may not (i) copy, modify create a derivative work of, decompile, reverse engineer,disassemble or other attempt to reduce the software to a human-readable form, unless you have written permission to do so by the Company; (ii) attempt to disable or circumvent any security mechanisms used by the Service; (iii) improperly avoid incurring fees or exceed usage limits or quotas; and (iv) use the Service in any way that may subject the Service to any obligations under any open source software license.
3.1 Open Source Licenses
Open source software licenses for components of the Service released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your agreement with you for the use of the components of the Service released under an open source license.
4.1 Service Data
The Service allows you to retrieve, process, store and access data including media, text, audio, and video, photos, graphics, and other content ("Your Data"). You own all of Your Data and have sole responsibility for your conduct on Your Data. The company does not review or screen Your Data. You are solely responsible for maintaining and protecting all of Your Data and information that you access. The company disclaims any responsibility for Your Data that may be stored, created, shared or displayed through the service. The company owns all other data that is generated or collected by operating the Service.
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for any and all activities that occur under your account including the activity of your authorized end users and customers. You agree to immediately notify the Company of any unauthorized use of your account and other breach of security. The company will not be liable for any loss or damage arising from a failure to comply with this section.
5 Use of Service
You agree to abide by all applicable local, state, national, foreign and international laws and regulations. You also agree to meet safety-related requirements concerning your projects and your use of the Service in its applications. You agree that You will be solely responsible for all acts or omissions that occur under your account, and monitoring failures and their consequences. You will be solely responsible for reducing the likelihood of failures that might cause harm. You will not use the Service to (i) interfere or disrupt the Service or networks connected to the Service; (ii) engage in, or enable others to engage in, illegal activities; (iii) hacking, illegal surveillance, interception and de-scrambling data; and (iv) solicit personal information from anyone under the age of 18.
5.1 High Risk Activities
The Service is not fault-tolerant and is not designed, manufactured or intended to use in environments requiring fail-safe performance.
You will not use the Service on the operation of chemical or nuclear facilities, essential communication systems, air traffic control devices, weapon systems or other situations in which the failure of the Service could lead to death, serious bodily injury, or property or environmental damage. You will fully indemnify the Company and its representatives against any damages and/or losses arising out of the use of the Service.
6. Right to Terminate
The Company may, in its sole discretion, suspend or terminate Your account or use of the Service at any time if: (i) You fail to make timely payment of subscription fees as required; (ii) You breach these terms; (iii) Any suspected fraudulent, abusive or illegal activities were observed . Any of these activities may be referred to appropriate law enforcement authorities. (iii) The company is unable to verify any information you provides to the Company; or (iv) The company decides, in its sole discretion, to discontinue offering the service, or any part thereof, with or without notice. You agree that any termination of the access to the Service under any provision of this Agreement may be effected without prior notice.
The company may make temporary changes to the Service required by an emergency, as well as take actions deemed reasonably necessary to protect or optimize our Service. Some of these actions may interrupt or prevent legitimate usage.
8. Disclaimer of Warranties
THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE AND SOFTWARE ARE PROVIDED "AS IS" AND THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED.
9. Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE OR CONTENT. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR CONTENT OR THE INABILITY TO USE THE SERVICE OR CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF LIABILITY SET FORTH IN THIS AGREEMENT SHALL NOT APPLY TO DAMAGES RESULTING OR ARISING FROM (i) THE GROSS NEGLIGENCE, BAD FAITH, OR WILLFUL MISCONDUCT OF A PARTY OR ITS PERSONNEL, (ii) VIOLATIONS OF APPLICABLE LAWS, RULES, OR REGULATIONS, OR (iii) A BREACH OF THE CONFIDENTIALITY OBLIGATIONS HEREUNDER.
You agree to indemnify and hold the Company and its affiliates and their officers, employees, directors and agents, and their business partners, harmless from any and all claims, losses, damages, liabilities, judgments, penalties, fines, cost and expenses (including attorneys' fees), rights, injury (including death) caused by your use of Service, misuse of the Service, any fraud or manipulation by you, a third-party claim, action or allegation of infringement based on information, data, files or other content submitted by you. Violation of any rights of another or unauthorized use of your account not caused by the Company.
If you provide any feedback, suggestions, ideas, requests any modifications related to the service, or provided other information related the operation of the Service (Feedback), the Company shall have a royalty-free, worldwide, perpetual license to use and own all right, title and interest in and to the Feedback.
12. Legal Notices
12.1 Governing Law
These Terms and your use of the Service will be governed by the internal laws of the State of California, U.S.A. without regards to its conflict of laws provisions. To the extent permitted by federal law, the laws of the State of California will apply in the absence of applicable federal law. The state and federal courts in San Mateo County, California USA will be the exclusive jurisdiction and venue for all legal proceedings under these Terms.
Notices to you may be given as specifically allowed in these Terms. Any other notice to you will be sent to the email address associated with your Account. Any notice in connection with these Terms must be sent to MODE, inc. to the attention of the Legal Department and should be sent by overnight courier or registered or certified mail to the following address: 1840 Gateway Drive, Suite 250, San Mateo, CA 94404.
12.3 Entire Agreement
These Terms are the entire agreement between us regarding their subject matter and supersede any prior or contemporaneous understandings, negotiations, discussions or oral or written agreements with respect to the subject matter hereof. Neither party has relied upon any such prior or contemporaneous communication.
In the event that a provision of this Agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law. The remaining provisions of this Agreement will continue full force and effect.
12.5 Force Majeure
The company will not be liable for any delay or failure in performance of any obligation on account of causes beyond our control and without our fault or negligence, including, but not limited to, acts of God, acts of civil or military authority, strikes, fires, riots, wars, embargoes, internet disruptions, hacker attacks or communications failures.
The company may assign its rights or obligations hereunder without prior written notice or consent of you. You may assign its rights and obligations hereunder upon prior written consent or without consent to the surviving party in a merger of that party into another entity. Except to the extent forbidden in the previous sentence, this Agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.