Latest Update: Twinkle's terms of service were last updated on March 15th, 2021
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
To contact us, please email: [email protected]
1.2 - Please note that any and all use of the music provided within the Service will be subject to a separate music license agreement (either between you and Twinkle or between Twinkle and one of our partners that allows you to use the music) which regulates your right to use and distribute the music. More information about the different licenses and subscriptions that Twinkle offers can be found on the website.
1.3 - The Service is provided by “Twinkle”, owned by Vidello Ltd. The Retreat, 406 Roding Lane South, Woodford Green, Essex, England, IG8 8EY, GB 268897425 ("Twinkle"). By visiting this website and/or using the Service you acknowledge that you have read and understood and agree to be bound by these Terms.
1.4 - Twinkle reserves the right, at its full discretion, to modify these Terms of Service at any time. Your continued use of the Service after such modification is valid as consent thereto.
2.0 SERVICE AND LIMITATION OF USE
2.1 - The Service is an online music catalogue service, by which Twinkle makes available digital music files (collectively as well as any part thereof "Content") for the purpose to be used in audiovisual productions and/or other productions, under the Terms of Service as set out in these Terms of Service and the applicable music license agreement.
2.2 - You access the Service from Twinkle’s online interface. The Service is available for entities and persons that have registered and created user accounts to the Service. In order to use the Service and access the Content you will have to be no younger than 16 years old.
2.3 - You will also have to have the power to enter into a binding contract (i.e. be of mental capacity to enter into binding agreements, not personally bankrupt etc.) and not be barred from doing so under any applicable law.
2.4 - The assortment of Content may be amended at all times by Twinkle, with or without any notice to you. You accept that the Content that is available might not be available at a later stage. Content types and descriptions, such as genres, categories etc., are provided for your convenience only and Twinkle does not guarantee their accuracy.
3.0 ACCESS TO YOUR ACCOUNT
3.1 - In order to use the Service you must create a personal account and register as a user. Your account will contain basic account information including username and password.
3.2 - You are responsible for your username and password and should never give out your password to anyone else. You may not select or use an identity of another person with the intent to impersonate that person. You must use a valid e-mail address and 3.3 - Twinkle reserves the right to test and to verify this at any time. You are not allowed to have more than one account. It is prohibited to agree with third parties upon the transfer, the utilization or the provision of accounts, resources or access data.
You must notify Twinkle immediately of any breach of security or unauthorized use of your Twinkle account that you become aware of.
3.4 - You agree that you will be solely responsible for all activity that occurs under your account.
4.0 TRIALS AND PAYMENTS
4.1 - If you have been offered a free trial, Twinkle reserves the right, in its sole discretion, to determine your eligibility for a trial, and if you’re determined not to be eligible, modify the trial at any time with prior written notice.
4.2 - For trials we require you to provide payment details to start the trial. At the end of such trial, and if you have not decided to terminate the agreement, Twinkle will automatically start to charge for such provided Service.
5.0 INTELLECTUAL PROPERTY
5.1 - You may not use, transfer, display, perform or otherwise make the Content available except as expressly permitted under these Terms of Service and under the applicable music license agreement.
5.2 - All content available through the Service and on the website, including designs, text, graphics, pictures, videos, information, applications, music, sound and other files, are the proprietary property of Twinkle.
5.3 - Except for the rights expressly granted to you in the applicable music license agreement and in these Terms of service, no right to the Service or the Content is assigned to you, and all rights, title and interest in the Service and the Content are reserved and retained by Twinkle. Under no circumstances does Twinkle transfer any right, title or interest in the Content to you, and you do not acquire any ownership rights to the Service or the Content.
5.4 - Please note that you may not use the Content in connection with other material that is offensive, defamatory, obscene, immoral, discriminating, illegal or that otherwise violates any rights of anyone associated with the Content and/or any third party. You shall comply with any applicable laws, regulations regarding use and distribution of the Content.
5.5 - Please also note that you are not allowed to upload or otherwise exploit the Content provided in the Service as stand-alone files (for example, uploading the track to any kind of distribution platform or otherwise distributing a track as a full-length (or shortened) file, on its own or with a just background picture and/or just the name of the artist/track).
6.0 THIRD PARTY APPLICATIONS.
6.1 - The Service and website is integrated with third party applications, websites and other services to make the Service and Content available to you as a user.
6.2 - These third party applications may have their own Terms of Service of use etc., and your use of these third party applications will therefore be subject to the applicable Terms of Service for such third party providers. Twinkle is not responsible or liable for behavior, content or features of any third party application.
7.1 - You may separately have accepted to be exposed to commercial messages, newsletters and advertisements sent by Twinkle when using the Service.
7.2 - If you do not want to be notified about these offers or news you may always opt-out from such information by following the instructions in each notification which you receive.
8. 0 PRIVACY AND PERSONAL DATA
9.0 YOUTUBE AND FACEBOOK
9.2 - 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 comparable content (which comparability will be determined by Twinkle in its reasonable commercial judgment) free of charge, but subject to the other terms and conditions of this Agreement.
10.0 SERVICE LEVEL AND DISCLAIMERS
10.1 - Twinkle will make reasonable efforts to keep the Service operational. However, technical problems or maintenance may, from time to time, result in interruptions.
10.2 - Twinkle is not responsible for unavailability or deficiencies of the Services caused by you, deficiencies in the Internet access or any other event beyond Twinkle’s control.
10.3 - Twinkle will from time to time carry out updates and maintenance of the Service, during which the Service might be unavailable. Twinkle will try to arrange updates and maintenance outside of peak usage hours.
10.4 - THIS SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW TWINKLE MAKES NO WARRANTY, REPRESENTATION, EXPRESS OR IMPLIED, AND/OR DISCLAIMER AS REGARDS TO THE AVAILABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT, CONTENT OR OTHER DATA PROVIDED AND THE QUALITY OF THE SERVICE. YOU USE THE SERVICE AT YOUR OWN RISK. YOU ALSO ACKNOWLEDGE THAT FREEDOM FROM PROGRAM ERRORS CANNOT BE OBTAINED IN THE INDUSTRY. NEITHER TWINKLE NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICE IS FREE OF MALWARE OR OTHER HARMFUL COMPONENTS.
10.5 - TWINKLE (INCLUDING, BUT NOT LIMITED TO, AFFILIATED COMPANIES AND THEIR CONTRACTORS, OFFICERS, DIRECTORS AND EMPLOYEES) SHALL IN NO EVENT, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BE LIABLE FOR ANY DAMAGES AS A CONSEQUENCE OF SHUTDOWN, LOSS OF OR EFFECT ON DATA, LOSS OF PROFIT, AND CLAIMS FOR DAMAGES BY A THIRD PARTY OR OTHER INDIRECT INJURY.
10.6 - All lifetime offers are subject to the continued operation of Twinkle. Twinkle reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, functions and features of the Service with or without notice, and Twinkle shall have no liability to you if Twinkle exercises such rights.
11. 0 INDEMNITY
11.1 - You agree to indemnify, defend and hold Twinkle harmless (including, but not limited to, affiliated companies and their contractors, officers, directors and employees) from all claims, liabilities and expenses (including reasonable attorney's fees) that arise from your misuse of the Service in a manner not in strict conformance with these Terms of Service.
11.2 - Furthermore, Twinkle reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. However, in which event you accept to cooperate with Twinkle in asserting any available defenses.
12.0 LIMITATION OF LIABILITY
12.1 - YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICE IS TO UNINSTALL ANY AND TO STOP USING THE SERVICE.
12.2 - WHILE TWINKLE ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO TWINKLE, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
12.3 - TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL TWINKLE, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE AND/OR CONTENT, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER TWINKLE HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO TWINKLE DURING THE PRIOR TWELVE MONTHS IN QUESTION, TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW.
12.4 Nothing in the Agreements removes or limits Twinkle’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence.
13.0 TERM AND TERMINATION
13.1 - This agreement will continue to be in force until terminated by you or Twinkle.
13.2 - If you or Twinkle terminate this agreement for any reason or if you violate any of the terms or conditions in these Terms of Service or any thereto related documents, your right to use the Service and access to Content will immediately terminate. Twinkle may further, at its sole discretion, terminate your account and your access to the Service with 2 week’s notice.
14.1 - Twinkle is entitled to in whole or in part assign its rights and obligations under these Terms of service to a third party.
14.2 - You may not assign these Terms of Service to any party.
15.0 GOVERNING LAW
15.1 - English law shall apply to these Terms of Service except with regard to principles on conflict of laws. Any dispute, controversy or claim arising out of or in connection with these Terms of Service, or the breach, termination or invalidity thereof, shall be determined by English courts.
15.2 - Twinkle has the right regarding illegal copying or distribution of the Content or the Service to the public, to instigate proceedings for damages or injunctions in any court having jurisdiction.
We have appointed a data protection officer (DPO) for the TwinkleGroup who is responsible for overseeing questions in relation to this privacy notice. If you have any questions, concerns, or requests about this privacy notice, how we manage your Personal Information, or any other issue relating to your Personal Information, please contact our DPO:
Attn: Data Protection Officer