GENERAL TERMS OF USE

Please review the following terms of use (”Agreement”) that govern your registration with and/or use of Tinker.com (“Tinker.com” or the “Site”) and any services offered on the Site now, or in the future (the “Services”), which may include, but not be limited to social networking, event pages, API access or RSS feeds, and provided by Tinker.com or other partners or affiliates. Your use of and/or registration for any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit Tinker.com. In addition to reviewing this Agreement, you should also read our Privacy and Security Policy to better comprehend how we collect and use your personal information. Your use of Tinker.com and its Services constitutes your agreement to its terms and conditions as well.

CHANGES TO AGREEMENT AND ADDITIONAL RULES OF USAGE.

Glam Media Inc. (”Glam Media”) reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. Continued access to Tinker.com and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Glam Media also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of Tinker.com, which may be posted in the relevant parts of Tinker.com, and will be clearly identified. Your continued use of Tinker.com constitutes your agreement to comply with these additional rules.

TERMINATION.

Glam Media reserves the right without notice, at any time and for any reason, to terminate Tinker.com or any portion thereof or any Services offered through Tinker.com.

SUSPENSION OR TERMINATION OF YOUR USE.

Your failure to follow the requirements of this Agreement may result in suspension or termination of your account and access to the Site or the Services, without notice. Glam Media further reserves the right to terminate, without notice, any user’s account and access to or use of Tinker.com and the Services for any reason at any time and to refuse service to anyone for any reason at any time.

OWNERSHIP OF THE SITE AND CONTENT.

Tinker.com and the Services are expressly owned and operated by Glam Media. “Glam Media” and “Tinker.com” and the Glam Media and Tinker.com logos are trademarks of Glam Media, Inc.. By posting Content (defined below) or engaging in any other form of communication through Tinker.com or the Services, you represent and warrant that you are the legal owner of such Content or other communication and you hereby grant Glam Media, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.

USE OF TINKER.COM AND THE SERVICES BY YOU.

When using Tinker.com or its Services:

•You agree to use Tinker.com and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. International users agree to comply with all local laws regarding online conduct, intellectual property rights and acceptable content;
•When you provide your Twitter username and password, you authorize Glam Media to send information to and receive information from Twitter on your behalf;
•You must be 18 years of age or older to use Tinker.com or any Services;
•You consent to communications from us electronically and agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing;
•You are responsible for any activity that occurs under your screen name and you are responsible for keeping your password secure;
•You agree that all Content posted by you is either original material created by you or you have the right to post that Content (text, photos, images, links or other such similar content);
•You agree that Glam Media may post advertising on the Site or the Services and that you will not be entitled to share in any revenues that may be generated from such advertising without a separate agreement in writing between you and Glam Media for such purpose;
•You acknowledge that any information posted on Tinker.com or the Services is public information that may be viewed and collected by any party that is a registered user of Tinker.com or any Service and Glam Media cannot control the use of such information and you acknowledge that your posting and use of Content is at your own risk.
•You acknowledge that Glam Media has not reviewed and does not endorse the content of third party sites linked to and from Tinker.com and/or the Services and is not responsible for the content or actions of any of these other sites. Your linking through Tinker.com or the Services to any site is at your own risk. When you access and use any such third party site, your rights and responsibilities will be governed by the terms of use and policies of that site, and not those of Tinker.com;
•You must not create or submit unwanted communications to any Tinker.com members (”Spam”); and
•You must not must not modify, adapt, misappropriate or hack Tinker.com or its Services or transmit any worms or viruses or any code that may cause damages to Tinker.com, the Services, or other users.

UNACCEPTABLE CONTENT.

Tinker.com and the Services facilitate your ability to post content which may include information, text, images, photographs, graphics, comments and reviews, and other materials (”Content”) to Tinker.com and the Services, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of Tinker.com or the Services, you agree not to post any unacceptable Content (”Unacceptable Content”). Unacceptable Content includes, but is not limited to, Content that is:

•Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity;
•Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
•Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy;
•Offers or disseminates any fraudulent goods, services, schemes or promotions, including any “make money fast” schemes or pyramid schemes;
•Is libelous, defamatory, or knowingly false or misrepresents another person;
•Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
•Promotes an illegal or unauthorized copy of another person’s copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
•Includes any material that is encrypted or that involves the transmission of “junk mail,” unsolicited mass mailing or spamming, or unauthorized advertising;
•Is harmful to Glam Media’s or any other party’s systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
•Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
•Consists of any other Content that Glam in its sole discretion deems to be Unacceptable Content.

Glam Media reserves the right to delete, edit and or remove at any time, without notice, any Content that it deems to be, in its sole discretion, for any reason objectionable or Unacceptable Content.

CONTENT POSTED BY USERS IS NOT ENDORSED BY GLAM.

Any Content placed on Tinker.com or the Services, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Glam Media or its third party service providers, if any. You agree that Glam Media and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted by others, including Unacceptable Content that violates this Agreement.

COPYRIGHT COMPLAINTS.

Glam Media respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on Tinker.com or the Services in a way that constitutes copyright infringement, or that Tinker.com contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify our designated agent in writing of such infringement by providing the information required by the Digital Millennium Copyright Act. Please see our Glam Media Copyright Policy for more information on how to report infringement of your copyright.

INDEMNIFICATION.

You agree to indemnify Glam Media and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your Content submissions, from your unauthorized use of Tinker.com or the Services or from your breach of this Agreement.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY.

You acknowledge that you are using the Site and the Services at your own risk. The Site, the Services and all information, including Content, are provided “as is,” and to the full extent permitted by applicable law, Glam Media, its affiliates and its third party service providers, if any, hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Glam Media, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this Agreement and the provision of any services hereunder. You hereby agree to release Glam Media, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of this Site and the Services.

RSS TERMS OF USE

RSS (”Really Simple Syndication”) service is a means by which Tinker.com offers feeds of Tinker.com content in XML format (”RSS Content”) to visitors to Tinker.com who use RSS aggregators. These Terms of Use govern your use of the RSS service. The use of the RSS service also is subject to the terms and conditions of the General Terms of Use, which govern the use of the Tinker.com and its Services. Any capitalized terms not defined herein shall have the meaning ascribed to them in the General Terms of Use. Glam Media may change the RSS Terms of Use or the General Terms of Use at any time without notice.

Use of RSS Feeds:
RSS is a free service offered by Tinker.com to individuals for private, non-commercial use. Any other uses, including, without limitation, the incorporation of advertising into or the placement of advertising associated with or targeted towards the RSS Content, are strictly prohibited. You must use the RSS service as provided by Glam Media, and you may not edit or modify the text, content or links supplied by Glam Media in any way.

Link to Content Pages:
The RSS service may be used only with those platforms, from which a functional link is made available that, when accessed, takes the viewer directly to the display of the content on the Tinker.com site. You may not display the RSS Content in a manner that does not permit successful linking to, redirection to or delivery of the applicable Tinker.com content page. You may not insert any intermediate page, splash page or other content between the RSS link and the applicable Tinker.com web page.

Ownership/Attribution:
Glam Media retains all ownership and other rights in the RSS service for Tinker.com, and any and all Glam Media and/or Tinker.com logos and trademarks used in connection with the RSS service. You must provide attribution to Tinker.com in connection with your use of our RSS feeds by providing a link back to Tinker.com. If you provide additionalattribution using a graphic, you must use only the logo that we have incorporated into the RSS feed.

Right to Discontinue Feeds:
Glam Media reserves the right to discontinue providing any or all of the RSS feeds at any time for any reason and to require you to cease displaying, distributing or otherwise using any or all of the RSS feeds for any reason including, without limitation, your violation of any provision of these Terms of Use or the General Terms of Use. Glam Media assumes no responsibility oriability for any of your activities in connection with the RSS feeds or for your use of the RSS service in connection with your website.

Tinker.com
Glam Media, Inc.
8000 Marina Blvd., Suite 130
Brisbane, CA 94005