Terms and Conditions

These terms and conditions ("Terms") govern all use of the trinket.io website and all content, services and products (taken together, the "Service") available at or through the website. The Service is owned and operated by Forkable, Inc. ("Forkable"), a United States corporation registered in the state of Delaware, doing business as trinket. These terms were last updated on August 6th, 2018

Accepting these Terms

If you access or use the Service, you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don't agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing hello@trinket.io and we'll be happy to clarify for you.

Changes to these Terms

We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature.

Whenever we make changes to these Terms, the changes are effective two (2) weeks after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check the website for changes to these Terms.

If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.

Privacy Policy

For information about how we collect and use information about users of the Service, please check out our privacy policy.

Paid Subscriptions

A paid subscription is not required to use Trinket. However, certain additional features are provided if you subscribe to one of our premium plans. You can find pricing and feature information on our plans page.

Payment Methods and Processing

We accept major credit cards. We reserve the right to reject any order or purchase at any time. If your initial payment authorization is later revoked, your subscription and access to certain features will be disabled. Unless specified otherwise in the Cancellation and Refund Policy, all charges are nonrefundable. You can view or change your payment method by visiting your profile page.

When you subscribe to a premium plan, the price will be made clear during the order process. You agree to pay the price that is stated at the time of your order, as well as any applicable taxes. You also agree to the billing frequency stated at the time of your order.

Discount eligibility is determined at the time of the order. Discounts cannot be applied retroactively.

All prices are in United States Dollars, unless otherwise stated.

We reserve the right to change prices and fees at any time. We will notify you in advance if the regular rate of a subscription changes from what was stated at the time of your order. You will have the opportunity to accept the new price or cancel your subscription from that point forward.

If your credit card expires or your payment method is otherwise invalid, your subscription and access to certain features will not be automatically disabled. Your account will remain active. All of your information, account details, and data will remain intact. However, you will remain responsible for all charges and access to certain features may become unavailable until unpaid charges are processed. You will be responsible for all costs we incur in connection with the collection of unpaid amounts, including court costs, attorney fees, collection agency fees and any other associated costs.

Cancellation and Refund Policy

We offer a 30-day money-back guarantee. If you're not satisfied with our premium plans, just cancel within the first 30 days of your subscription to receive a full refund.

You can cancel your subscription to our premium plans at any time by visiting your profile page. If you cancel a subscription after the first 30 days, you cancel only future charges associated with your subscription. You may cancel at any time, but the cancellation will become effective at the end of your current billing period. You will not receive a refund for the current billing cycle if the cancellation occurs after the first 30 days. You will continue to have the same access to the features of your plan for the remainder of the current billing period.

We reserve the right to suspend or terminate your subscription for any reason, with or without notice and without further obligation. You will not be entitled to a refund in these circumstances. If any or all of our services or features are temporarily unavailable, you will not receive a refund.

We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.

Third-Party Services

From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party's own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.

Creating Accounts

When you create an account or use another service to log in to the Service, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.

If you discover or suspect any Service security breaches, please let us know as soon as possible.

Use by Children

The Children's Online Privacy and Protection Act ("COPPA") requires online services to obtain verifiable parental consent before receiving any personally identifiable information from children under 13. While the Service is not directly aimed at children under 13, it is beneficial for teacher curriculum and also aids student learning for many ages and grade levels. Many aspects of the Service are available for use without creating an account, but there are times when creating an account is desired and more valuable for teachers and students. In these circumstances, trinket relies on the school or teacher to obtain and provide appropriate parental consent to collect personal information, such as name and email address, from students under 13 before creating accounts. Parents must be notified and provided with appropriate disclosures regarding what information is shared with trinket. If we discover that students under 13 have created accounts without parental consent, we are obligated to delete their accounts and any other personal information they have uploaded.

To find more information about COPPA, please visit https://www.commonsense.org/education/articles/what-is-coppa. To find information on how to comply with COPPA, please visit the Federal Trade Commission's FAQ page at https://www.ftc.gov/tips-advice/business-center/guidance/complying-coppa-frequently-asked-questions-0.

Your Content & Conduct

Our Service allows you and other users to post, link and otherwise make available content. You are responsible for the content that you make available to the Service, including its legality, reliability, and appropriateness.

When you post, link or otherwise make available content to the Service, you grant us the right and license to use, reproduce, modify, publicly perform, publicly display and distribute your content on or through the Service. We may format your content for display throughout the Service, but we will not edit or revise the substance of your content itself. Finally, depending on the plan you have and the capabilities of the Service, you may be required to select one of several Creative Commons licenses for your content. Use of the Service constitutes consent to licensing your content under one of the licesnses available to you. If your content has no license associated with it, we reserve the right to assign it one that you are free to change it subject to the limitations described above. Other than ensuring your content has a supported license, we will not alter the license of your content (such as changing the Creative Commons version number) without consent from you.

Aside from our limited right to your content and the licensing options outlined above, you retain all of your rights to the content you post, link and otherwise make available on or through the Service. WE DO NOT CLAIM OWNERSHIP OVER CONTENT YOU POST TO THE SERVICE.

You may not post, link and otherwise make available on or through the Service any of the following:

  • Content that is libelous, defamatory, bigoted, fraudulent or deceptive;
  • Content that is illegal or unlawful, that would otherwise create liability;
  • Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual or other right of any party;
  • Mass or repeated promotions, political campaigning or commercial messages directed at users who do not follow you (SPAM);
  • Private information of any third party (e.g., addresses, phone numbers, email addresses, Social Security numbers and credit card numbers); and
  • Viruses, corrupted data or other harmful, disruptive or destructive files or code.

Also, you agree that you will not do any of the following in connection with the Service or other users:

  • Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service;
  • Impersonate or post on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity;
  • Collect any personal information about other users, or intimidate, threaten, stalk or otherwise harass other users of the Service;
  • Create an account or post any personal information about yourself if you are under 13 years of age years of age without parental consent; and
  • Circumvent or attempt to circumvent any filtering, security measures, rate limits or other features designed to protect the Service, users of the Service, or third parties.

trinket's Materials

We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by U.S. and international copyright laws. We grant you the right to use it during your use of the Service.

However, unless we expressly state otherwise, your rights do not include: (i) using any data mining, robots or similar data gathering or extraction methods; (ii) bulk downloading of the Service or information contained therein; (iii) reverse engineering or accessing the Service in order to build a competitive product or service; or (iv) using the Service other than for its intended purposes of creating, sharing, and teaching with educational materials. If you do any of this stuff, we may terminate your use of the Service.

Hyperlinks and Third Party Content

You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.

Forkable, Inc. makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.

If there is any content on the Service from you and others, we don't review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.

The Unavoidable Legal Stuff: Indemifications and Disclaimer of Warranty

THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.

IN NO EVENT WILL FORKABLE, INC. BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO FORKABLE, INC. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms, as permitted by applicable laws.

Copyright Complaints

We take intellectual property rights seriously. In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and, at our sole discretion, access to the service for users who are deemed to be repeat infringers. For further information, please see Forkable, Inc.'s Copyright Policy.

Governing Law

The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the State of North Carolina, without regard to conflicts of law principles.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of the State of North Carolina and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of North Carolina located in Raleigh, North Carolina in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.

Termination

If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.

Entire Agreement

These Terms constitute the entire agreement between you and Forkable, Inc. regarding the use of the Service, superseding any prior agreements between you and Forkable, Inc. relating to your use of the Service.

Feedback

Please let us know what you think of the Service, these Terms and, in general, trinket. When you provide us with any feedback, comments or suggestions about the Service, these Terms and, in general, trinket, you irrevocably assign to us all of your right, title and interest in and to your feedback, comments and suggestions.

Questions & Contact Information

Questions or comments about the Service may be directed to us at the email address hello@trinket.io.