Welcome to https://twinkle.io/, a website (the “Site”) operated by Vidello Ltd. (the “Company”).
WHO WE ARE AND HOW TO CONTACT US
https://twinkle.io/ is a site operated by Vidello Ltd. ("We"). We are registered in England and Wales under company number 10699864 and we have our Registered office address The Retreat, 406 Roding Lane South, Woodford Green, Essex, England, IG8 8EY
End Product/ Project: A media project to which Recording is synchronized. A customised implementation of the digital track file. I.e recordings is a backing track and end product is an explainer video.
Recording: A certain piece of recorded music available for license from Twinkle (including a musical composition).
2- Twinkle Non-Exclusive Licenses
By purchasing a Twinkle license, Twinkle grants you the limited, non-exclusive, non-transferable, worldwide (except where expressly limited to a single “Territory”) right and license, in perpetuity to modify (subject to related restrictions) and use a Recording in accordance with the terms and conditions of the Agreement, and the Standard or Premium License, as applicable. In consideration of the license you purchase, you hereby agree to pay Twinkle a certain license fee according to our website rates. Please see our License page for current pricing.
Previews of Recordings are available for download on the Twinkle website, are for internal testing and client approval purposes only and cannot be used for any other purpose including, but not limited to, any unlicensed use in commercial materials, advertisements, digital media or video synchronization.
Please find the details for each license below, followed by specifics pertaining to all license types:
3- Additional Terms For All License Types
A) PERSONAL LICENSE
You are licensed to use the recordings to create unlimited End products for yourself, for use in your business. End Products may not be sold.
You have a personal license for personal use of the recordings. You cannot sell your end product.
Permitted Use
Summary: You are licensed to use the recordings to create unlimited End Products for yourself, or for your clients and the End Product may be sold.You have a personal license for personal use and commercial use of the recordings. You can sell your end product.
- You can make an unlimited number of copies of the End Product. - You can distribute the End Product through multiple media or make it available online to an unlimited audience. - You can modify or manipulate the recordings, or combine the recordings with other works to suit your End Product. The resulting works based on the recordings are subject to the terms of this license. - You can create an End Product for a client and you can transfer that End Product to your client. You can make commercial use of the End Product.You can make as many copies of the product for personal use.
B) COMMERCIAL LICENSE
You are licensed to use the recordings to create unlimited End Products for yourself, or for your clients and the End Product may be sold.
You have a personal license for personal use and commercial use of the recordings. You can sell your end product.
Permitted Use
Summary: - You are licensed to use the recordings to create unlimited End Products for yourself, or for your clients and the End Product may be sold. - You can make an unlimited number of copies of the End Product. - You can distribute the End Product through multiple media or make it available online to an unlimited audience. - You can modify or manipulate the recordings, or combine the recordings with other works to suit your End Product. The resulting works based on the recordings are subject to the terms of this license. - You can create an End Product for a client and you can transfer that End Product to your client. You can make commercial use of the End Product.
4- Limitations of Use
You may not:
- sell, transfer, sublicense, share, give away or otherwise assign the Recordings or your rights granted hereunder to any other party
- resell the Recording by itself or as part of a package except solely as embodied within your Project
- resell the Recording (or otherwise make it available) in any manner that would enable a third party to download the Recording as a separate file, such as in e-card templates or website templates
- resell the Recording (or otherwise make it available) as part of any competing product such as music compilation or music library
- claim to be the creator or copyright holder of the Recording or of any derivative work created from the Recording
5- Ownership
Twinkle makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of Twinkle under this Agreement arising from your use of any Recording shall be limited to the license fee paid by you for such Recording. You hereby agree that this license is granted to you without any other warranty or recourse.
6- Limitation of Liability
Twinkle makes no warranty or representation, express or implied, except that it warrants that it has the right to grant the license granted hereunder. The total liability of Twinkle under this Agreement arising from your use of any Recording shall be limited to the license fee paid by you for such Recording. You hereby agree that this license is granted to you without any other warranty or recourse.
7- Availability
Twinkle makes all possible efforts to make sure that all Twinkle Recordings that comprise its online library are available at all times. However Twinkle makes no representations or warranties that all Recordings will be available at all times. Twinkle may discontinue licensing certain recordings at its sole discretion.
- In the event that legal proceedings are instituted to liquidate Twinkle.
- In the event that you are provided a refund or you fail to make payment on subscriptions associated with Twinkle.
- In the event that Twinkle gets a notice or otherwise concludes that any Recording may be subject to a claim of infringement of another’s right for which Twinkle may be liable, Twinkle may require you to immediately stop using the Recording, delete or remove the Recording from its premises, computer systems and storage (electronic or physical) and ensure that its clients do likewise. Twinkle shall provide you with a comparable content (which comparability will be determined by Twinkle in its reasonable commercial judgement.
8- Taxes
The license fees charged by Twinkle do not include any taxes, duties or other government charges. Twinkle will charge you additionally for the amounts of any such taxes, duties or other charges which Twinkle is required to collect, including without limitation, sales and use taxes and value added taxes. By entering into this agreement, you verify that your country of residence is the same as your billing address.
9- General Provisions
Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.
10. No Partnership Relationship or Joint Venture.
Nothing in the present Agreement shall be interpreted as constituting or creating a joint venture or partnership between the Parties. This Agreement shall be to the benefit of and bind the respective heirs, executors, administrators and assigns of the Parties hereto. If any part of this Agreement shall be determined to be invalid or unenforceable by a court of competent jurisdiction or any other legally constituted body having jurisdiction to make such determination, the remainder of this Agreement shall remain in full force and effect.
Last Revised: March 2021
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