Techno Tink Terms and Conditions
Effective Date: September 19th, 2020
Site covered: www.technotink.net, www.technotink.com
The Agreement
The use of this website and services located on these domains are provided by Techno Tink Media, Inc. “TTM” hereinafter refers to the Company Techno Tink Media. Users and Visitors of the site are subject to the following Techno Tink Terms and Conditions (“Agreement”). In other words, all parts and sub-parts of this Agreement are specifically incorporated by reference here. In short, this Agreement shall govern the use of all pages on this website (hereinafter collectively referred to as “Website”). Any services provided by or on this Website (“Services”) are governed by this Agreement.
1) DEFINITIONS
The parties referred to in this Agreement shall be defined as follows:
- a) TTM, Company, Us, We: Techno Tink Media, Inc. is the creator, operator, and publisher of this website. The Company makes this Website and certain services on it available to users. Techno Tink Media, TTM, Company, Us, We, Our, Ours, and other first-person pronouns refer to the Company. These terms also refer to all employees and affiliates of TTM.
- b) You, the User, Customer, Client: as the user of the Website will be referred to with second-person pronouns. These pronouns will appear as You, Your, Yours, User, and/or Client.
- c) Parties: Collectively, the parties to this Agreement (The Company and You) will be referred to as “Parties”.
2) ASSENT AND ACCEPTANCE
By using the Website, You warrant that You have read and reviewed this Agreement and agree to be bound by it. If You do not agree to be bound by this Agreement, please leave the Website immediately. The Company only agrees to provide use of this Website and Services to You if you assent to this Agreement.
3) LICENSE TO USE WEBSITE
The Company may provide You with certain information as a result of Your use of the Website or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Company. This includes any other materials which may assist in Your use of the Website or Services (“Company Materials”). Subject to this Agreement, the Company grants You a non-exclusive, limited, non-transferable, and revocable license in use. The Company Materials are solely in connection with Your use of the Website and Services. In other words, The Company Materials may not be used for any other purposes.
In addition, this license terminates upon Your cessation of use of the Agreement, Website or Services.
4) INTELLECTUAL PROPERTY
You agree that the Website and all Services provided by the Company are the property of the Company. This includes all copyrights, trademarks, trade secrets, patents, and other intellectual property. In short, this is referred to as “Company IP”. You agree that the Company owns all rights, titles, and interests in and to the Company IP. User also agrees they will not use the Company IP for any unlawful or infringing purpose.
Agreement not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks must be accepted by User. This includes trade names, service marks, and/or Uniform Resource Locators (URLs) without express written permission from the Company.
- a) In order to make the Website and Services available to You, You Agree to the Following. You hereby grant the Company a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make deritive works of your contributions to the Website. This is defined as any content You publish, upload, or otherwise make available to the Website. In short, this is defined as “Your Content”. The Company claims no further proprietary rights in Your Content.
- b) If You feel that any of Your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of Our users, please Contact Us and Let Us know.
5) USER OBLIGATIONS
As a user of the Website or Services, You may be asked to Register with Us. When You do so, You will choose a user identifier, which may be Your email address or another term, as well as a password. you may also provide personal information, including, but not limited to, Your name.
You are responsible for ensuring the accuracy of this information. This identifying information will enable You to use the Website and Services. You must not share such identifying information with any third party. If you Discover that Your identifying information has been compromised, You agree to notify Us immediately in writing. To sum up, an email notification will suffice.
You are responsible for maintaining the safety and security of Your identifying information as well as keeping Us apprised of any changes. Providing false or inaccurate information, or using the Website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.
6) ACCEPTABLE USE
User agrees not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.
In Addition, You further agree not to use the Website or Services:
- To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- To violate any intellectual property rights of the Company or any third party;
- To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- To perpetuate any fraud;
- To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- To publish or distribute any obscene or defamatory material;
- To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- to unlawfully gather information about others.
7) AFFILIATE MARKETING & ADVERTISING
The Company, through the Website and Services, may engage in Affiliate Marketing. This Marketing is where the Company may receive a commission on or percentage of the sale of goods or services on or through the Website.
The Company may also accept advertising and sponsorship from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on Marketing and Advertising. In addition, this covers any other legal requirements which may apply.
8) PRIVACY INFORMATION
Through Your use of the Website and Services, You may provide Us with certain information. By using the Website or the Services, You authorize the Company to use Your information in the United States and any other country where We may operate.
- a) Information We May Collect or Receive: When you register for an account, You provide us with your details. This includes a valid email address and may provide Us with additional information such as Your name or billing information. Depending on how You use Our Website or Services, We may also receive information from external applications that you use to access Our Website, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons, or others.
- b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our Website, including through email communication. We may also track certain aspects of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
- c) How You Can Protect Your Information: If you would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browsers. Please be aware that the Company will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Company will store information about You for the following number of days: 120. After that time, it will be deleted.
9) ASSUMPTION OF RISK
The Website and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our Website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Company. You further agree that Your purchase of any of the products on the Website is at Your own risk. The Company does not assume responsibility or liability for any advice or other information given on the Website.
10) SALES
The Company may sell goods or services on the Website. TTM may also allow third parties to sell on the Website. Techno Tink Media undertakes to be as accurate as possible with all information regarding the goods and services including product descriptions and images. However, the Company does not guarantee the accuracy or reliability of any product information, and You acknowledge and agree that You purchase such products at Your own risk.
11) SHIPPING/DELIVERY/RETURN POLICY
You agree to ensure payments for any items You my purchase from Us. You acknowledge and affirm that prices are subject to change. When purchasing a physical good, You agree to provide Us with a valid email and shipping address, as well as valid billing information.
We reserve the right to reject or cancel an order for any reason, including errors or omissions in the information that You provide to us. If a cancellation occurs after payment processed, refunds will be issued in the amount of purchase price. We also may request additional information from You prior to confirming a sale. We reserve the right to place any additional restrictions on the sale of any of Our products.
You agree to ensure payment for any items or services you may purchase from Us. You acknowledge and affirm that prices are subject to change. For the sale of physical products, we may preauthorize Your credit or debit card at the time You place the order, or We may simply charge Your card upon shipment. You agree to monitor Your method of payment.
The user understands that Shipment costs and dates are subject to change if unforeseen circumstances occur in both price and estimated delivery. For any questions, concerns, or disputes, You agree to contact us in a timely manner at the following: info@technotink.net.
In general, Techno Tink Media, Techno Tink Photography, and Techno Tink Treasures do not accept returns or grant refunds. Techno Tink Media will offer store or service credit in lieu of a refund. Refunds may be permitted under special circumstances. If a refund is granted, the item must be returned in full.
Please send returns to our Warehouse at:
Techno Tink Media, LLC
PO BOX 101
Sumas, WA 98925
12) REVERSE ENGINEERING AND SECURITY
You agree not to undertake any of the following actions:
- a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website or Services;
- b) Violate the security of the Website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
13) DATA LOSS
The Company does not accept responsibility for the security of Your account or content. You agree that Your use of the Website or Services is at Your Own Risk.
14) INDEMNIFICATION
In Agreement with Techno Tink Terms and Conditions, You agree to defend and indemnify the Company and any of its affiliates (if applicable). You also agree to hold Us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to Your use or misuse of the Website or services, Your breach of this Agreement, or Your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes.
15) SPAM POLICY
You are strictly prohibited from using the Website or any of the Company’s Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
16) THIRD-PARTY LINKS AND CONTENT
The Company may occasionally post links to third-party websites or other services. You agree that the Company is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to Our Website.
17) MODIFICATION AND VARIATION
The Company may, from time to time and at any time without notice to You, modify this Agreement. User agrees that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website. You Agree that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
- a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, You agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
- b) You agree to routinely monitor this Agreement and refer to the Effective date posted at the top of this Agreement to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of this Agreement. You agree that Your continued use of the Website after any modifications to this Agreement is a manifestation of your continued assent to this Agreement.
- c) In the event that You fail to monitor any modifications to or variations of this Agreement, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
18) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the parties with respect to any and all use of this Website and Terms. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this Website.
19) SERVICE INTERRUPTIONS
The Company ay need to interrupt Your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
20) TERM, TERMINATION, AND SUSPENSION
The Company may terminate this Agreement with You at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
If you have registered for an account with Us, You may also terminate this Agreement at any time by contacting Us and requesting termination. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
21) NO WARRANTIES
You agree that Your use of the Website and Services is at Your sole and exclusive risk and that any Services provided by Us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
TTM makes no warranties that the Website or Services will meet Your needs or that the Website or Services will be uninterrupted, error-free, or secure. Techno Tink Media also makes no warranties as to the reliability or accuracy of any information on the Website or obtained through the Services.
You agree that any damage that may occur to You, through Your computer system, or as a result of the loss of Your data from Your use of the Website or Services is Your sole responsibility and that the Company is not liable for any such damage or loss.
22) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to You as a result of Your use of the Website or Services, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to the greater of one hundred ($100) US Dollars or the amount You paid to the Company in the last six (6) months. This section applies to any and all claims by You, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
23) GENERAL PROVISIONS
- a) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
- b) JURISDICTION, VENUE & CHOICE OF LAW: Through Your use of the Website or Services, you agree that the laws of the State of Washington and/or State of Colorado shall govern any matter or dispute relating to or arising of this Agreement. Agreement as well as any dispute of any kind that may arise between You and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction provision of the state and federal courts of the following county: Jefferson County Colorado, and Whatcom County Washington State.
The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum nonconveniens or similar doctrine. - c) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration.
The arbitration shall be conducted in either of the following counties depending on the jurisdiction of the issues: Jefferson county for Colorado concerns, Whatcom county for Washington state concerns.
The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of the following states accordingly: Colorado and Washington State. Each Party shall pay their own costs and fees.
Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims. - d) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
- e) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
- f) NO WAIVER: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
- g) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
- h) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
- i) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, pandemic, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, natural disasters, and other acts which may be due to unforeseen circumstance.
- j) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email Us at the following address: info@technotink.net.
This agreement is adapted from a free template obtained from Wonder Legal. The Privacy Statement can be located here.
For a custome quote, more specific project or task, let us know what you are interested in and email us at: info@technotink.net or use our contact form.
Additional Services:
Design Services
Graphic Design Services
Web Design
Writing
Much more …
Interested in being part of our network and community? Join us on Facebook, Twitter, and Instagram.