We are TWINKLE TV INC., a Washington State corporation (Twinkle), and the owner and operator of the video and music application platform (the Application), as well as the website found at http://twinkle.tv (the Website).
3. Account Security. Upon registration of Your Account, You will be assigned or able to choose Your Account access information (i.e., username and password) (Application Access Information). You will be responsible for protecting Your Application Access Information and restricting access to Your Account solely to You and any Authorized User(s). Twinkle will not be liable for any loss or damage from Your failure to fulfill Your obligations under this Section 3 of the Terms.
4. Intellectual Property.
4.1 Your Proprietary Rights. Any content or information provided by You to the Application or Website that You own or have rights to use (collectively, Client Content) will remain Your property. You will be solely responsible for the accuracy, quality, integrity, reliability, appropriateness, legality, ownership and rights of use of all of Your Client Content. You hereby grant to Twinkle an irrevocable, worldwide, non-exclusive, and transferable license to use Your Client Content as necessary to operate or maintain Your Account, the Application, Website, and Services.
4.2 Twinkle’s Proprietary Rights. With the exception of Client Content, Twinkle owns, licenses or lawfully uses all of the content contained on or in the Application, Website and Services, including, without limitation: (a) any text, data, information, software, software code, graphics, photos, sounds, music, videos, interactive features and the like (collectively, Content); (b) any know-how, methodologies, equipment, or processes used by Twinkle to provide the Application, Website and Services (collectively, Procedures); and (c) any trademarks, service marks, trade dress, i.e., logos and the look and feel of the Application, Website and Services including their visual design elements and expression (collectively, Marks). The Content, Procedures and Marks are provided to You on the Application, Website and Services “as-is” solely for Your use in furtherance of Your Service-related needs via the Application and Website, and in accordance with these Terms. Any right not expressly granted under this Section 4.2 of the Terms is reserved.
4.3. Protection of Content. You understand and agree that Twinkle cannot be responsible for the security of Client Content or the validity of the content posted by any third party on the Application or Website. You acknowledge and agree that Your use of the Application, Website and Services, and the providing of Your Client Content to the Application or Website, is at Your own risk.
4.4 Intellectual Property Complaints. Twinkle respects the intellectual property rights of others, and requires that anyone who use the Application, Website, or any Service, do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement or infringement of another right, please submit a notice with the following information to Twinkle’s Copyright Agent (as designated pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512(c)(2)) via mail or e-mail as provided below:
• Your address, telephone number, and email address;
• A description of the work(s) that You claim have been infringed;
• A description of where the alleged infringing material(s) are located;
• A statement by you that You have a good faith belief that the disputed use of such work(s) are not authorized by the owner, its agent, or the law;
• A statement by You, made under penalty of perjury, that all of the information in Your notice is accurate and that You are the owner or are authorized to act on the owner’s behalf; and
• An electronic or physical signature of the person authorized to act on behalf of the owner of the work(s).
Lucas S. Michels
IRONMARK LAW GROUP, PLLC
2311 N. 45th Street, Suite 365
Seattle, Washington 98103
Tel: +1 (206) 547-1914
5. Third Parties.
5.2 Third-Party Content. Content on third-party website or application linked from the Application and Website (collectively, Third-Party Content) is made available “as is”, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, downloaded or otherwise exploited without the authorization of such third-party website or application owner. Twinkle is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any Third-Party Content. Twinkle does not endorse any content, opinion, recommendation or advice expressed in any Third-Party Content. Twinkle expressly disclaims any and all liability arising out of or relating to: (a) Your use of any Third-Party Content; and (b) any Third-Party Content that is inaccurate, offensive, indecent or objectionable. You expressly waive any legal or equitable rights or remedies You have or may have against Twinkle and will indemnify and hold Twinkle harmless to the fullest extent allowed by law regarding all matters related to Your access and use of Third-Party Content.
5.3 Third-Party Product and Service Providers. Twinkle may use third-party product and service providers to assist in the operation of the Application, Website, and Services including without limitation hosting, hardware, software, networking, storage, and related technology required to provide the Application, Website, and Services (collectively, Third-Party Providers). Twinkle will make a good faith effort to notify and assist in remedying any failure of any Third-Party Provider to sufficiently provide any such services, but Twinkle will not be liable to You for any failure of a Third-Party Provider to provide any such service to the Application, Website, and Services.
5.5 Interoperation. The Application and Website may also enable interoperation with certain third-party operating systems and applications not included or authorized by Twinkle. Twinkle does not provide You with any licenses to such third-party operating systems and applications, and it is solely Your responsibility to obtain all necessary licenses for such third-party operating systems and applications from their owners’ respective vendors.
6. Limitation of Liability.
6.1 Warranty Disclaimer. The Application and Website are licensed and provided to You “as is”, and Twinkle disclaims any and all other warranties pertaining to the Application and Website, whether express, implied, or statutory including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, timeliness, title, or non-infringement of third party rights, to the fullest extent authorized by law. Twinkle expressly does not warrant that: (a) the Application or Website will meet Your requirements and expectations; (b) operation of the Application or Website will be uninterrupted, timely, secure, or error free; (c) defects or errors in the Application or Website will be corrected; (d) the Application or Website will be compatible with future products or services offered by Twinkle; and (e) any information or data stored or transmitted through the Application or Website will not be lost, corrupted, or destroyed. You assume responsibility for selecting the Application and Website to achieve Your intended requirements and expectations, and for the results obtained from Your use of the Application and Website. You shall bear the entire risk as to the quality and the performance of the Application and Website.
6.2 Damage Limitations. In no event will Twinkle be liable to You for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from: (a) Your use or misuse of the Application, Website or Services; (b) personal injury or property damage of any kind resulting from Your use of the Application, Website, or Services, whether based on warranty, contract, tort, or other legal theory, and whether or not Twinkle has been advised of the possibility of such damages; (c) conduct of any third party on the Application, Website, or Services; (d) unauthorized access to data storage facilities or equipment owned, lease or used by Twinkle; (e) interruption, unavailability or errors associated with the Application, Website, or Services; (f) any delayed or misreporting of information, data or content to any local, state, or federal agency or department; or (g) bugs, viruses, or similar code which may be transmitted to or through the Application, Website, or Services. The foregoing limitations of liability apply to the fullest extent permitted by law.
9. Subscription Suspension and Cancellation.
9.1 Subscription Cancellation by You. You may cancel Your Account at any time by: (a) cancelling your Account through the Application or Website functionality; or (b) providing notice in writing to Twinkle.
9.3 Non-Payment and Storage Obligations. Upon Your violation of these Terms known to Twinkle, Twinkle will provide You seven (7) calendar days notice (Notice Period) of the suspension or cancellation of Your Account. Should You fail to remedy such violation before the end of the Notice Period, Your Account will be suspended or cancelled.
10. Application, Website, and Service Modification. Twinkle reserves the right, at its sole discretion, to modify, suspend or discontinue the Application, Website, the Services, or any aspect or portion thereof, at any time by posting a notice on the Application or Website, or sending You notice through the Application, Website, or by e-mail. Twinkle may also impose temporary or permanent limits on certain Application, Website, or Service features or restrict access to portions or all of the same without notice. Twinkle will not be liable to You for any changes or modifications made pursuant to this section of the Terms, except as expressly stated in writing between the parties. If You do not agree to any changes made pursuant to this section of the Terms, You must discontinue Your subsequent use of the Application, Website and Services. Your use of the Application, Website or any Service following such changes constitutes Your acceptance of such changes.
11.1 Governing Law, Jurisdiction and Dispute Resolution. These Terms will be governed by and interpreted under the laws of the State of Washington. The parties will conduct friendly negotiations to resolve any dispute arising from or out of these Terms, which may include mediation if requested by either party. Should mediation fail, You irrevocably consents to resolve any dispute or conflict arising out of or relating to the Terms by binding arbitration in Seattle, Washington by one (1) arbitrator agreed upon the parties, and in accordance with the AMERICAN ARBITRATION ASSOCIATION’S COMMERCIAL ARBITRATION RULES AND MEDIATION PROCEDURES. Any judgment resulting from such a proceeding will be enforceable in any applicable state or federal Court. The party substantially prevailing in any such proceeding will be entitled to recover all costs and expenses of such proceeding, including reasonable attorney’s fees and costs.
11.2 Assignment. These Terms will be binding on and inure to the benefit of the parties hereto and their respective successors, assigns, heirs and personal representatives. Except as otherwise provided herein, You shall not assign or transfer any right or obligation under this Terms without the prior written consent of Twinkle, and any attempted assignment without Twinkle’s prior written consent will be null and void. Twinkle may transfer any rights or obligations under these Terms without Your prior consent, written or otherwise.
11.3 Relationship of the Parties. You and Twinkle agree that no joint venture, partnership, employment, or agency relationship exists between You and Twinkle as a result of these Terms or Your use of the Application, Website or Services.
11.4 Completeness and Severability. These Terms constitutes the entire Terms between You and Twinkle concerning Your use of the Application, Website and Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of these Terms, which remain in full force and effect.
11.5 Waivers. A waiver of any term of these Terms will not be a further or continuing waiver of such term or any other term of these Terms, and Twinkle’s failure to assert any right or provision under these Terms does not constitute a waiver of such right or provision.
11.6 Questions. Questions about these Terms, the Application, Website or Services should be sent to Twinkle via e-mail to firstname.lastname@example.org or via mail to TWINKLE TV INC., ATTN: SERVICES QUESTIONS, at 1546 NW 56th Street #425, Seattle WA 98107, USA.