Terteel End User Licence Agreement (EULA)
Last updated: April 2020
• This Terteel mobile software application ("App") has been developed and is operated by Bilal Ahmad, an entrepreneur and an educationist. ("Terteel", "we", "us" or "our").
• This End User Licence Agreement ("Agreement") is a legal agreement between you, the user ("you" or "your"), and Terteel governing your use of the App and any content, tools, help documentation and all services under the control of Terteel that are operated in connection with the App, including, but not limited to, your use of the Terteel website (the "Site") (collectively, the "Services"). Use of the Services, which includes accessing, browsing, or registering to use this App, is subject to the terms of this Agreement.
• By installing the App and selecting 'Accept' in the electronic version of this Agreement, you hereby accept the terms of this Agreement as set out below and updated from time to time in accordance with section 14. You agree that you intend your act to serve as an electronic signature of this Agreement with the same force and effect as a manual signature. Please do not install the App, use the Services or select 'Accept' in the electronic version of this Agreement if you do not agree to be bound by these terms.
2. App Description
• The App allows users to capture and create videos incorporating text, filters, video and sound recordings, either individually or in collaboration with other users, ("User Content"), and to upload and make available User Content through the Services and select social media platforms linked within the Services ("Sharing Functionality"). You have to create an account with us using either your email address, Facebook account, Apple or Google account.
• You may upload locally recorded original video recordings you created ("Creator"), through the Services for incorporation in User Content ("User Content"). The Services also provide you with access to User Content, recorded audio, sound effects, filters and video material ("App Content") for incorporation in User Content.
• App Content and the Services are provided by Terteel or in collaboration with our third party partners listed in section 22 ("Terteel Partners").
3. Platform Access
• The App may be used with Apple iOS and Google Android smartphones and operating systems ("Device(s)"), but may not be compatible with all operating system versions. Your use of the App and the Services is subject to the end user licence agreement of the Device ("Device EULA") through which you access the App and the Services. It is your responsibility to ensure that you are in compliance with the relevant Device EULA. If you download or stream the App onto any phone or other Device not owned by you, you must have the owner's permission to do so.
• Your use of the App and the Services may vary in functionality, availability and quality depending on the type of Device and operating system you use. It is your responsibility to ensure that you are able to comply with the relevant system requirements required to access the App.
• We accept no responsibility for any lack of functionality that is due to your equipment (including your Device, internet connection, operating system or settings and software). Access to parts or all of the App and the Services may be restricted from time to time to allow for repairs, maintenance or updating. We reserve the right to withdraw, take down or amend all or part of the App at any time.
• It is your responsibility to pay for all costs and expenses (including all telephone call or line charges or internet service data access charges) that you may incur when using the App or the Services.
4. Copyright and Ownership
• "Intellectual Property Rights" mean all intellectual property rights of whatever nature which subsist or will subsist now or in the future anywhere in the world including, without limitation: (i) all rights in works of authorship, copyrightable works, registered and unregistered copyrights, database rights, algorithms and data collections, and registrations and applications for registration thereof; (ii) all rights in registered and unregistered trade marks, service marks, trade names, corporate names, logos, plans and drawings, trade dress, designs, packaging, Internet domain names, and registrations and applications for registration thereof, together with all goodwill associated therewith; (iii) all rights relating to the protection of computer software (in both source code and object code form); (iv) all rights relating to the protection of business and trade secrets, know-how and proprietary and confidential information; (v) all copies and tangible embodiments of any of the foregoing in whatever form or media; (vi) all rights to obtain renewals, reissues, re-examinations, continuations, continuations-in-part, divisions or other extensions of legal protections pertaining thereto; and (vii) any right analogous to those set forth in this definition.
• Terteel owns and will retain all title, ownership rights and Intellectual Property Rights in and to the App, the Services and App Content generated and provided by Terteel. The Terteel Partners retain all title, ownership rights and Intellectual Property Rights in and to the App Content generated and provided by the Terteel Partners.
• You, whether in your capacity as a Creator or otherwise, will retain the copyright in the User Content you have uploaded through the Services. You, and/or the third party that has given you an encompassing permission to upload the User Content and/or User Content, own and retain all title, ownership rights and Intellectual Property Rights, subject to the licences granted in section 5.5 below, in User Content and User Content uploaded through the Services by you.
• Terteel utilises a human centered filtering technology ("Filter") whereby any User Content and User Content uploaded through the Services are reviewed against proper rules of Quran Recitations. Any User Content uploaded which doesn’t match a certain standard will not be made available through the Services. Users may appeal a decision made by the Filter by contacting Terteel directly at app@Terteel.com, and Terteel will determine in its sole discretion and on a case by case basis whether the User Content so uploaded may be made available through the Services.
5. Grant of Licence
• This App and the Services are licensed by Terteel for your use subject to the terms of this Agreement. Except for the limited rights and licences expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party any Intellectual Property Rights or other right, title, or interest in or to the App and the Services. Terteel reserves all rights not expressly granted to you.
• In consideration of and subject to your ongoing compliance with this Agreement, Terteel grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to (i) use one copy of the App per Device you own or control for your personal, non-commercial use in accordance with all applicable laws; and (ii) receive and use any free supplementary software code or update of the App incorporating "patches" and corrections of errors as we may provide to you. Any exploitation exceeding the scope of this grant of licence must be pre-authorised by Terteel.
• The App and the Services may include or incorporate third party software components that are generally available free of charge under licences granting recipients broad rights to copy, modify, and distribute such components ("Open Source Components"). Although the App and the Services are provided to you subject to the terms of this Agreement, nothing in this Agreement will be deemed to prevent, restrict, or otherwise prevent or restrict you from obtaining such Open Source Components under the applicable third party licences or to limit your use of such Open Source Components thereunder.
• When you upload User Content through the Services, you grant:
o to us, an unconditional, irrevocable, non-exclusive, fully transferable, sub-licensable, royalty-free, perpetual, worldwide licence to use, publish, transmit, modify, adapt, display, perform, make derivative works of, reproduce and distribute your User Content and/or User Content in any format, on any platform (either now known or hereinafter invented) and for any purpose (including for the provision of the Service and our business, including without limitation for promoting and redistributing any or all of the Services);
o to us, a royalty-free licence to use your username, voice, image, and likeness to identify you as the provider of any of your User Content and/or User Content;
o to other users, a personal, unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide licence to view, access, download, use, publish, transmit, modify, adapt, display, perform, make derivative works of, reproduce and distribute your User Content and/or User Content in any format, either within the Services or through the Sharing Functionality, solely for non-commercial and non-professional purposes.
You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content and/or User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you upload through the Services. You may remove your User Content from the App at any time, but you hereby grant us the right to keep your User Content hidden on the Services as long as there are users that have made use of, or are using your User Content. Where possible and upon written request from and at the sole cost of the requestor, Terteel may, in its sole discretion, facilitate contact between users and Creators for the purposes of agreeing licences for use of the User Content for uses other than permitted by the licence granted in clause 5.5.3. Any such agreements will strictly be between the users and Creators, as applicable, and Terteel will have no responsibility and accepts no liability in relation to any such additional agreements.
• The App is supported by third-party advertisers, sponsors and brand partners whose advertisements, branding and promotional content may appear in the App (the "Promotional Content"). Other users are not required to pay to use your User Content. By uploading User Content through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to the User Content. You acknowledge that your User Content may appear alongside the Promotional Content and/or in Secondary User Content, and that you have no rights to receive any income or other consideration from the use of your User Content uploaded through the Services. You will have no right to share in any revenue, goodwill or value generated by Terteel from its exploitation of the App or the Services.
• If you are a Creator affiliated with performing rights organizations, labels and agencies ("Affiliates"), you are responsible for notifying the Affiliates of the royalty-free licences you have granted us and other users, and for complying with any relevant reporting obligations to the Affiliates. You are solely responsible for ensuring that your use of the App and the Services is in compliance with any contract you may have with any Affiliate. Nothing in this Agreement authorises you to use any aspect of sound and video recording in a manner that is not expressly permitted by this Agreement.
6. Takedown Procedure
• If your User Content was uploaded to the Services, or if any User Content or Secondary User Content uses your copyright protected work without your authorisation, you may submit to us a notice of copyright infringement at app@Terteel.com (a "Submission"). Please consider whether any fair use exceptions may apply when making a Submission. Submissions should only be made by the copyright owner or an agent authorised to act on their behalf. We will take reasonable steps to remove infringing content from the Services that we become aware of. In appropriate circumstances and at our discretion, we reserve the right to disable or terminate the accounts of users of the Services who repeatedly infringe the copyright or intellectual property rights of others.
• Your Submission should identify the copyrighted work claimed to be infringed; the Backing Track, User Content or Secondary User Content that you are claiming is infringing, and its location within the App or the Site; your contact information; a statement that the information you have provided is accurate, that you are authorised to act on behalf of the copyright owner, and that you have a good-faith belief the use of the User Content or Secondary User Content infringes the rights of the copyright owner; and the physical or electronic signature of the copyright owner or an agent authorised to act on their behalf.
7. Restrictions on Use
• You agree that you will not use this App or the Services, directly or indirectly, to:
o upload, post, download, email, transmit, store or otherwise make available any:
content that would damage the reputation of Terteel or is libellous, defamatory, slanderous, offensive, harmful, tortious, obscene, pornographic, hateful, inflammatory, invasive of another's privacy, or otherwise objectionable;
content that violates or breaches the Intellectual Property Rights of a third party or violates or breaches any applicable law, rule or regulation;
unauthorized email messages, comments, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements; and
material that contains viruses or any other malicious computer code, files or programs designed to harm, interfere or limit the normal operation of the App or the Services (or any part thereof), or any other computer software or hardware;
o perform any fraudulent activity, including pretending to be someone you are not, misrepresenting who you are or your age, sending data from another person's App or account, harming another person, or otherwise misrepresenting your affiliation with any person, including a minor, and Terteel reserves the right to reject or block any Device or email address which could be deemed to be an impersonation or misrepresentation of your identity, or a misappropriation of another person's name or identity;
o use any User Content, other than your User Content, in anyway to create a competitor service which replicates any part of the Services;
o engage in any copyright infringement or other intellectual property infringement, including, but not limited to, adapting, copying, republishing, making available or otherwise communicating to the public, displaying, performing, transferring, sharing, distributing or otherwise using or exploiting any User Content (including uploading any User Content which you do not have the right to upload),unless it is your User Content or is permitted pursuant to the terms of this Agreement;
o engage in any activity (including, but not limited to, the use of bots, scripts, apps, plugins and extensions) to misrepresent the popularity of your User Content or User Content;
o disclose any trade secret or confidential information in violation of a employment or nondisclosure agreement;
o interfere with or disrupt the App or our provision of the Services (including accessing the App through any automated means, like scripts or web crawlers), or any servers or networks connected to the App or the Site, or any policies, requirements or regulations of networks connected to the App or the Services (including any unauthorized access to, use or monitoring of data or traffic thereon);
o reverse engineer, decompile or disassemble the App or the Services or otherwise attempt to obtain its source code;
o copy, rip or capture any User Content or User Content other than by the means permitted through the Services or the Sharing Functionality; o gather and store personal information on other users;
o violate, circumvent or attempt to violate or circumvent any data security measures incorporated in the Services;
o violate the rights of a third party, including by infringing or misappropriating any third party Intellectual Property Rights, or violating any third party privacy right;
o stalk, exploit, threaten, abuse or otherwise harass another user or any Terteel employee;
o engage, encourage, induce, solicit or promote any conduct that would constitute a criminal offence, give rise to civil liability or violate any applicable law, rule or regulation;
o remove or alter any copyright, trademark or other proprietary notice contained in the App or the Services;
o use, copy, reproduce, modify, translate, or create derivative works, adaptations or compilations of, or based on, the App or part thereof, other than as expressly permitted in this Agreement;
o allow any other person to use or access the Services from your Device, unless such person explicitly agrees to be bound by the terms of this Agreement, or access or attempt to Access the Services from another person's Device;
o assign, sublicense, lease, sell, share, loan, rent, modify, distribute, grant a security interest in, or otherwise make the App or the Services available, or transfer the access granted under this Agreement or any right or ability to view, access, or use the App or the Services through the internet or other distribution network without the prior written consent of Terteel; or
o attempt to do any of the acts described in this section 7.1, or assist, encourage, or permit any person in engaging in any of the acts described in this section 7.1.
• You agree to comply with the above restrictions at any and all times during your use of the Services. You acknowledge and agree that Terteel has the right, in its sole discretion, to terminate your access to the Services or take such other action as we see fit if you violate any of the above restrictions or any other terms of this Agreement.
• You represent and warrant that:
o you own the Intellectual Property Rights in the User Content you upload or create through the Services, and that any User Content are original works by you, or that you have received all the necessary permissions, clearances and authorisations from the owners of any part of the User Content you upload through the Services to grant the licences set out at section 5 and to transmit the User Content from the App to other platforms (including third party platforms) through the Sharing Functionality;
o your User Content, as made available through the Services and the Sharing Functionality, do not and will not infringe or violate the rights of any third party, including, but not limited to, any Intellectual Property Rights, rights of privacy or publicity, or rights in confidential information;
o you have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in your User Content to be able to include their name, voice, performance or likeness in your User Content and to make it available through the Services and Sharing Functionality;
o your User Content and any comments that you may make on the App or Site, or through the Sharing Functionality, are not and will not be libellous, defamatory, slanderous, offensive, harmful, tortious, obscene, pornographic, hateful, inflammatory, invasive of another's privacy, or otherwise objectionable;
o your User Content do not and will not create any liability for Terteel, our affiliates, successors and assigns and any of our or their employees, agents, directors and officers.
o you are at least 16 years old, or you have reviewed the terms of this Agreement with your parent or legal guardian and have obtained your parent or legal guardian's permission to use the App and the Services;
o the registered details you provided when installing the App are correct, and that you will update them as necessary; and
o you have reviewed the terms of this Agreement carefully.
• Terteel reserves the right to remove your User Content, to suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of your User Content breaches the above representations and warranties, otherwise infringes another person's rights or violates any applicable law, rule or regulation.
• This Agreement is effective until terminated by you or Terteel.
• Your rights under this licence will terminate automatically without notice from Terteel if you fail to comply with any terms of this Agreement. Upon termination of the Agreement, you shall cease all use of the App and the Services, and delete and uninstall all copies, full or partial, of the App. You agree that your failure to comply with this Agreement will constitute immediate, irreparable harm to Terteel and its licensors for which monetary damages would be an inadequate remedy and that, to the extent permitted under applicable law, Terteel will be entitled to equitable relief.
• You acknowledge and agree that Terteel may, in its sole discretion, terminate this Agreement and your access to the App and the Services at any time for any reason or no reason. Upon the termination of this Agreement for any reason, Terteel may, at its option, delete any personal and/or non-personal data you submitted through this App or provided via the Service except where Terteel is otherwise required to retain it by law. Upon termination of this Agreement, you shall, at your own responsibility and expense, immediately delete or destroy the App and all related content from your Devices.
• You may terminate this Agreement at any time by contacting customer service at app@Terteel.com.
10. Personal Data
11. Limitation of Liability
• To the furthest extent permitted by applicable laws, we will not be liable to you for any indirect, incidental, consequential, special, exemplary or punitive damages, including for lost revenues, profits, savings, data or goodwill, loss of data, business interruption, or any other commercial damages or losses, arising out of or in connection with your use of or inability to use the App or Services in connection with any content, products and services made available through the App or Services, whether or not advised of the possibility of such damages or losses and regardless of the theory of liability (contract, tort, or otherwise). If any such limitations are held by a court of competent jurisdiction to be contrary to law such provision will be changed, interpreted or severed to best accomplish the objectives of this Agreement.
• We do not exclude or limit our liability for death or personal injury caused by our negligence and any other loss or damage which cannot be excluded or limited by law.
You agree to compensate, defend and keep us fully indemnified against any losses, damages, claims or legal proceedings brought against us by any person as a result of your breach of any term of this Agreement.
• The App and Services are provided "AS IS", without warranty of any kind, express or implied, including but not limited to the warranties of merchantability, fitness for a particular purpose, accuracy, quiet enjoyment, lack of viruses, non-infringement of third party rights, and any warranty arising out of course of dealing, usage, or trade and non-infringement. In no event shall the authors or copyright holders of the App be liable for any claim, damages or other liability, whether in an action of contract, or otherwise, arising from, out of or in connection with the App, the Services or the use or other dealings in the App.
• Terteel does not warrant against interference with your use or enjoyment of the App or the Services or that functions contained in the App will meet your requirements, that the operation of the App and provision of the Services will be uninterrupted, secure, or error-free, or that defects in the App will be corrected.
• You expressly acknowledge and agree that your use of the App and Services is at your sole risk and that your installation of this App may affect the usability of third party apps.
• We may need to change these terms to reflect changes in law or industry best practice, to introduce additional products or features, change the way we structure our products and services, to help improve the security and operation of our technical infrastructure or to reorganise the way we structure or run our business. We provide our App and Services on an ongoing basis and we cannot foresee what may change in the future. This means that we may need to make changes for reasons other than those set out in this section.
• If we make changes to the terms of this Agreement, the next time you start the App you will be prompted to accept the amended terms. Please do not continue to use the App or the Services, or accept the amended terms of this Agreement if you do not agree to be bound by the changes to their terms. Please do not continue to use the App or the Services or select 'Accept' in the electronic version of the amended Agreement if you do not agree to be bound by the amended terms.
15. Back Up
We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.
16. Assignment and Sub-Licence
We can assign, sub-contract and otherwise transfer any or all of our rights and obligations under this Agreement to any company, firm or person. You may not transfer your rights or obligations under this Agreement to anyone else.
Any delay by us in exercising our rights under this Agreement shall not constitute a waiver for any reason or for any purposes unless expressly agreed otherwise in writing.
Should any provision or part-provision of this Agreement be or become invalid, illegal or unenforceable, it shall be deemed deleted from this Agreement.
19. Entire Agreement
Except as otherwise expressly stated, this Agreement contains the entire agreement between us and you relating to use of the App and the Services and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us and you relating to use of the App and the Services.
20. Third Parties
This Agreement is not intended to, nor shall it, create any rights, entitlements, claims or benefits enforceable by any person who is not party to it. Accordingly, no person shall derive any benefit or have any right, entitlement or claim in relation to this agreement by virtue of the Contract (Rights of Third Parties) Act 1999.
21. Governing Law and Jurisdiction
• This Agreement and all matters or issues in relation thereto shall be governed by the laws of Pakistan, and the parties submit to the exclusive jurisdiction of the Pakistani Courts.
22. Third Party Partners:
If you have any questions or comments about these terms, please contact us at: app@Terteel.com.
By accessing or using our website, services, applications, products and content (that include but are not limited to the Platform) (collectively, the “Services”), you acknowledge that you have read this policy and that you understand your rights in relation to your information and how we will collect, use and process it. If you do not agree with this policy in general or any part of it, you should not use our Services. If you have any questions about how we use your information please contact firstname.lastname@example.org.What information do we collect about you?
We collect information when you create an account, and use the Platform, such as your contact details, and the content you create. We also collect information you share with us from third party social network providers, and technical and behavioural information about your use of the Platform. We also collect information contained in the messages you send through our Platform and your contacts if you allow us access to your phone book on your mobile device.How will we use the information about you?
We use your information to fulfil and enforce our service contract with you, to improve and administer the Platform and allow you to use its functionalities. We also use your information to, among other things, show you suggestions, promote the Platform, and serve you targeted advertising.Who do we share your information with?
We share your data with our third party service providers we rely on to help you provide you with the Platform. These providers include cloud storage providers, and other IT service providers. We also share your information with our business partners, advertisers, analytics and search engine providers. We may also share your information with law enforcement agencies, public authorities or government bodies as required by law.Your Rights
You may have rights in relation to your information.How long do we keep hold of your information?
We retain your information for as long as it is necessary to fulfil (1) our contractual obligations and rights in relation to the information involved, (2) our legal obligation(s) under applicable law(s) and regulations to retain data for a certain period of time, taking into account statute of limitations under applicable law(s); (3) our legitimate business purposes; (4) and to conduct a defence in relation to disputes or potential disputes.How will we notify you of any changes?
We will generally notify all users of any material changes to this policy, through a notice on our Platform. However, you should look at this policy regularly to check for any changes. We will also update the “Last Updated” date at the top of this policy, which reflects the effective date of such policy. Your continued access to or use of the Services after the date of the updated policy constitutes your acceptance of the updated policy. If you do not agree to the updated policy, you must stop accessing or using the Services.
Terms of Service
1. Your Relationship With Us
Welcome to Terteel (the “Platform”), which is provided by Terteel Inc. collectively such entities will be referred to as “Terteel”, “we” or “us”.
You are reading the terms of service (the “Terms”), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, products and content (collectively, the “Services”). Access to certain Services or features of the Services (such as, by way of example and not limitation, the ability to submit or share User Content (defined below)) may be subject to age restrictions and not available to all users of the Services. Our Services are provided for private, non-commercial use. For purposes of these Terms, “you” and “your” means you as the user of the Services.
The Terms form a legally binding agreement between you and us. Please take the time to read them carefully. If you are under age 18, you may only use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND Terteel AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Terteel WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
2. Accepting the Terms
If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others affiliated with your entity, including any employees, agents or contractors.
You can accept the Terms by accessing or using our Services. You understand and agree that we will treat your access or use of the Services as acceptance of the Terms from that point onwards.
You should print off or save a local copy of the Terms for your records.
3. Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. Your continued access or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
4. Your Account with Us
To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
It is important that you keep your account password confidential and that you do not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at email@example.com.
You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
If you no longer want to use our Services again, and would like your account deleted, we can take care of this for you. Please contact us via firstname.lastname@example.org, and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
5. Your Access to and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You may not:
access or use the Services if you are not fully able and legally competent to agree to these Terms or are authorized to use the Services by your parent or legal guardian; make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof; distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming; interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services; incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion; use automated scripts to collect information from or otherwise interact with the Services; impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available emanates from the Services; intimidate or harass another, or promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; use or attempt to use another’s account, service or system without authorisation from Terteel, or create a false identity on the Services; use the Services in a manner that may create a conflict of interest or undermine the purposes of the Services, such as trading reviews with other users or writing or soliciting fake reviews; use the Services to upload, transmit, distribute, store or otherwise make available in any way: files that contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; any unsolicited or unauthorised advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other prohibited form of solicitation; any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers; any material which does or may infringe any copyright, trademark or other intellectual property or privacy rights of any other person; any material which is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory; any material that would constitute, encourage or provide instructions for a criminal offence, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonise people, especially trolling and bullying, or is intended to harass, harm, hurt, scare, distress, embarrass or upset people; any material that contains a threat of any kind, including threats of physical violence; any material that is racist or discriminatory, including discrimination on the basis of someone’s race, religion, age, gender, disability or sexuality; any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide; or material that, in the sole judgment of Terteel, is objectionable or which restricts or inhibits any other person from using the Services, or which may expose Terteel, the Services or its users to any harm or liability of any type.
In addition to the above, your access to and use of the Services must, at all times, be compliant with our Community Policy.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms or our Community Policy, or otherwise harmful to the Services or our users. Our automated systems analyze your content (including emails) to provide you personally relevant product features, such as customized search results, tailored advertising, and spam and malware detection. This analysis occurs as the content is sent, received, and when it is stored.
6. Intellectual Property Rights
We respect intellectual property rights and ask you to do the same. As a condition of your access to and use of the Services, you agree to the terms of the Copyright Policy.
As between you and Terteel, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music on and “look and feel” of the Services, and all intellectual property rights related thereto (the “Terteel Content”), are either owned or licensed by Terteel, it being understood that you or your licensors will own any User Content (as defined below) you upload or transmit through the Services. Use of the Terteel Content or materials on the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our or, where applicable, our licensors’ prior written consent. We and our licensors reserve all rights not expressly granted in and to their content.
You acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services, including, by way of example and not limitation, through the sale of advertising, sponsorships, promotions, usage data and Gifts (defined below), and except as specifically permitted by us in these Terms or in another agreement you enter into with us, you will have no right to share in any such revenue, goodwill or value whatsoever. You further acknowledge that, except as specifically permitted by us in these Terms or in another agreement you enter into with us, you (i) have no right to receive any income or other consideration from any User Content (defined below) or your use of any musical works, sound recordings or audiovisual clips made available to you on or through the Services, including in any User Content created by you, and (ii) are prohibited from exercising any rights to monetize or obtain consideration from any User Content within the Services or on any third party service ( e.g. , you cannot claim User Content that has been uploaded to a social media platform such as YouTube for monetization).
Subject to the terms and conditions of the Terms, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the Platform on a permitted device, and to access the Terteel Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. Terteel reserves all rights not expressly granted herein in the Services and the Terteel Content. You acknowledge and agree that Terteel may terminate this license at any time for any reason or no reason.
NO RIGHTS ARE LICENSED WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS EMBODIED THEREIN THAT ARE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you are doing so at your own risk. The content on our Services is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Services.
We make no representations, warranties or guarantees, whether express or implied, that any Terteel Content (including User Content) is accurate, complete or up to date. Where our Services contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit any content posted by you and other users on the Services (including User Content).
Users of the Services may be permitted to upload, post or transmit (such as via a stream) or otherwise make available content through the Services including, without limitation, any text, photographs, user videos, sound recordings and the musical works embodied therein, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (“User Content”). Users of the Services may also extract all or any portion of User Content created by another user to produce additional User Content, including collaborative User Content with other users, that combine and intersperse User Content generated by more than one user. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained Virtual Items Policy) and other elements provided by Terteel (“Terteel Elements”) onto this User Content and transmit this User Content through the Services. The information and materials in the User Content, including User Content that includes Terteel Elements, have not been verified or approved by us. The views expressed by other users on the Services (including through use of the virtual gifts) do not represent our views or values.
Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including via certain third party social media platforms such as Instagram, Facebook, YouTube, Twitter), or to make contact with other users of the Services, you must comply with the standards set out at “Your Access to and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes Terteel Elements, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at “Your Access to and Use of Our Services” above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any User Content will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and or adopt any third party content.
If you only own the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services
You or the owner of your User Content still own the copyright in User Content sent to us, but by submitting User Content via the Services, you hereby grant us an unconditional irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, modify, adapt, reproduce, make derivative works of, publish and or transmit, and or distribute and to authorise other users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
You further grant us a royalty-free license to use your user name, image, voice, and likeness to identify you as the source of any of your User Content; provided, however, that your ability to provide an image, voice, and likeness may be subject to limitations due to age restrictions.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings), and publicly perform and communicate to the public sound recordings (and the musical works embodied therein), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to any third party, including, but not limited to, a sound recording copyright owner (e.g., a record label), a musical work copyright owner (e.g., a music publisher), a performing rights organization (e.g., ASCAP, BMI, SESAC, etc.) (a “PRO”), a sound recording PRO (e.g., SoundExchange), any unions or guilds, and engineers, producers or other royalty participants involved in the creation of User Content.
Through-To-The-Audience Rights. All of the rights you grant in your User Content in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of third party services will not have any separate liability to you or any other third party for User Content posted or used on such third party service via the Services.
Waiver of Rights to User Content. By posting User Content to or through the Services, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you Post to or through the Services.
We also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights, or of their right to privacy.
We, or authorised third parties, reserve the right to cut, crop, edit or refuse to publish, your content at our or their sole discretion. We have the right to remove, disallow, block or delete any posting you make on our Services if, in our opinion, your post does not comply with the content standards set out at “Your Access to and Use of Our Services”above. In addition, we have the right – but not the obligation – in our sole discretion to remove, disallow, block or delete any User Content (i) that we consider to violate these Terms, or (ii) in response to complaints from other users or third parties, with or without notice and without any liability to you. As a result, we recommend that you save copies of any User Content that you post to the Services on your personal device(s) in the event that you want to ensure that you have permanent access to copies of such User Content. We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
You control whether your User Content is made publicly available on the Services to all other users of the Services or only available to people you approve. To restrict access to your User Content, you should select the privacy setting available within the Platform.
We accept no liability in respect of any content submitted by users and published by us or by authorised third parties.
If you wish to complain about information and materials uploaded by other users please contact us at: email@example.com.
Terteel takes reasonable measures to expeditiously remove from our Services any infringing material that we become aware of.It is Terteel’s policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe copyrights or intellectual property rights of others.
While our own staff is continually working to develop and evaluate our own product ideas and features, we pride ourselves on paying close attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual, games, or other types of content), promotions, strategies, or product or feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then regardless of what your accompanying communication may say, the following terms will apply, so that future misunderstandings can be avoided. Accordingly, by sending Feedback to us, you agree that:
Terteel has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
Feedback is provided on a non-confidential basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; and
You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform (including on a through-to-the-audience basis), communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified.
You agree to defend, indemnify, and hold harmless Terteel, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys’ fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
9. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS THAT YOU CANNOT CONTRACTUALLY AGREE TO ALTER OR WAIVE AND ARE LEGALLY ALWAYS ENTITLED TO AS A CONSUMER.
THE SERVICES ARE PROVIDED “AS IS” AND WE MAKE NO WARRANTY OR REPRESENTATION TO YOU WITH RESPECT TO THEM. IN PARTICULAR WE DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS; YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. NO CONDITIONS, WARRANTIES OR OTHER TERMS (INCLUDING ANY IMPLIED TERMS AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR CONFORMANCE WITH DESCRIPTION) APPLY TO THE SERVICES EXCEPT TO THE EXTENT THAT THEY ARE EXPRESSLY SET OUT IN THE TERMS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM FOR BUSINESS AND OPERATIONAL REASONS AT ANY TIME WITHOUT NOTICE
10. LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOSS OF OPPORTUNITY; (IV) ANY LOSS OF DATA SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO Terteel WITHIN THE LAST 12 MONTHS.
ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE; ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES); THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL. PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
11. Other Terms
Open Source.The Platform contains certain open source software. Each item of open source software is subject to its own applicable license terms, which can be found at Open Source Policy.
Entire Agreement.These Terms constitute the whole legal agreement between you and Terteel and govern your use of the Services and completely replace any prior agreements between you and Terteel in relation to the Services.
Links. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Services in any website that is not owned by you. The website in which you are linking must comply in all respects with the content standards set out at “Your Access to and Use of Our Services” above. We reserve the right to withdraw linking permission without notice.
No Waiver. Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
Security. We do not guarantee that our Services will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
Severability. If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
ARBITRATION AND CLASS ACTION WAIVER. This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.
Informal Process First. You agree that in the event of any dispute between you and Terteel, you will first contact Terteel and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation any court action.
Arbitration Agreement. After the informal dispute resolution process any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to your use of Terteel’s services and or products, including the Services, or relating in any way to the communications between you and Terteel or any other user of the Services, will be finally resolved by binding arbitration. This mandatory arbitration agreement applies equally to you and Terteel. However, this arbitration agreement does not (a) govern any Claim by Terteel for infringement of its intellectual property or access to the Services that is unauthorized or exceeds authorization granted in these Terms or (b) bar you from making use of applicable small claims court procedures in appropriate cases. If you are an individual you may opt out of this arbitration agreement within thirty (30) days of the first of the date you access or use this Services by following the procedure described below.
To the extent permitted by applicable law, the following supplemental terms shall apply when accessing the Platform through specific devices:
Notice regarding Apple.
By downloading the Platform from a device made by Apple, Inc. (“Apple”) or from Apple’s App Store, you specifically acknowledge and agree that:
These Terms between Terteel and you; Apple is not a party to these Terms. The license granted to you hereunder is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple device(s) authorised by Apple that you own or control for personal, non-commercial use, subject to the Usage Rules set forth in Apple’s App Store Terms of Services. Apple is not responsible for the Platform or the content thereof and has no obligation whatsoever to furnish any maintenance or support services with respect to the Platform. In the event of any failure of the Platform to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform, if any, to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform. Apple is not responsible for addressing any claims by you or a third party relating to the Platform or your possession or use of the Platform, including without limitation (a) product liability claims; (b) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third party claim that the Platform or your possession and use of the Platform infringes such third party’s intellectual property rights, Apple is not responsible for the investigation, defence, settlement or discharge of such intellectual property infringement claim. You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third party beneficiaries of these Terms and upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary hereof. Terteel expressly authorises use of the Platform by multiple users through the Family Sharing or any similar functionality provided by Apple.
Windows Phone Store. By downloading the Platform from the Windows Phone Store (or its successors) operated by Microsoft, Inc. or its affiliates, you specifically acknowledge and agree that:
You may install and use one copy of the Platform on up to five (5) Windows Phone enabled devices that are affiliated with the Microsoft account you use to access the Windows Phone Store. Beyond that, we reserve the right to apply additional conditions or charge additional fees. You acknowledge that Microsoft Corporation, your phone manufacturer and network operator have no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
Amazon Appstore. By downloading the Platform from the Amazon Appstore (or its successors) operated by Amazon Digital Services, Inc. or affiliates (“Amazon”), you specifically acknowledge and agree that:
Google Play. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), you specifically acknowledge and agree that:
to the extent of any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions in these Terms, the Google Play Terms shall apply with respect to your use of the Platform that you download from Google Play, and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Terteel or you (or any other user) under these Terms or the Google Play Terms.
Contact Us. You can reach us at firstname.lastname@example.org.
Intellectual Property Policy
Terteel respects the intellectual property rights of others, and we expect you to do the same. Terteel’s Terms of Service and Community Guidelines do not allow posting, sharing, or sending any content that violates or infringes someone else’s copyrights, trademarks or other intellectual property rights.
Copyright is a legal right that protects original works of authorship (e.g., music, videos, etc.). Generally, copyright protects an original expression of an idea but does not protect underlying ideas or facts.
We do not allow any content that infringes copyright. Any use of copyrighted content of others without proper authorization or legally valid reason may lead to a violation. In some cases, you may be required to provide evidence to prove that you are entitled to use copyrighted content of others.
Removal of Content; Suspension or Termination of Account
Any user content that infringes other person’s copyright may be removed. Your account may be suspended or terminated for multiple copyright violations in connection with your use of the Terteel site or app, or other violations of the Terms of Service and Community Guidelines.
Copyright Infringement Notification
If you believe that your copyright-protected work was posted on Terteel’s site or app, or otherwise hosted by Terteel without authorization, you may submit a copyright infringement notification.
The notification must include the following:
An email address, physical address and a phone number so that we and the uploader of your work can contact you. A clear and complete description of your work that you believe has been infringed. The URL or other identifying location of the allegedly infringing work. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner. The physical or electronic signature of the copyright owner or an authorized representative of the copyright owner. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your notification. Submit the above information to us: By Email: email@example.com;
Copyright Infringement Counter-Notification If you receive a copyright infringement notification that you believe to be in error, you may provide us with a counter-notification. The counter-notification must include the following: Your contact information, including your full legal name (not that of a company), an email address, a physical address, and a phone number. If you are an authorized representative of the uploader, such as an attorney, please be sure to specify your relationship to the uploader. Identify the location, including any URL, of the work that has been removed or disabled. You must agree to and include the following statement: "I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which Terteel is located, and will accept service of process from the claimant." And the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled." Your physical or electronic signature. To satisfy this requirement, you may type your full legal name (not that of a company) at the bottom of your electronic counter-notification. Submit the above information to us: By Email: firstname.lastname@example.org; If we do not receive notice within 10 business days that the original reporter is seeking a court order to prevent further infringement of the material at issue, we may replace or cease disabling access to the material that was removed. The decision to re-post any material is at Terteel’s sole discretion.
A trademark is a word, symbol, slogan, design, or combination of any of the foregoing that identifies the source of a product or service and distinguishes it from other products or services.
Terteel’s policies prohibit any content that infringes on another person’s trademark. Using another person’s trademark in a way that may mislead or confuse people to believe that you are affiliated with the trademark owner may be a violation of our trademark policy.
However, using another person’s trademark for the purpose of accurately referencing the trademark owner’s products or services, or to compare them to other products or services, is generally not considered a violation of our trademark policy.
Removal of Content; Suspension or Termination of Account
Any user content that infringes other person’s trademark may be removed. Your account may be suspended or terminated for multiple trademark violations in connection with your use of the Terteel site or app, or other violations of the Terms of Service and Community Guidelines.
Trademark Infringement Notification
Terteel may investigate reports that are submitted by the trademark holder or their authorized representative. You can submit a trademark report to us through Trademark Infringement Report or via email (email@example.com), by providing the following information:
Your contact information, including your full name, physical address, email address and a phone number. Please note that we may provide your information and details of your report to the person who posted the content or owns the account you are reporting. This person may contact you with the information you provide. Your relationship to the trademark owner. A clear and complete description of your trademark that you believe has been infringed, including the jurisdiction of registration, registration number, trademarked goods and services class. A scan of trademark registration certificate or a direct link - URL to your trademark record. Information about the allegedly infringing content, including the URL or other identifying location of the allegedly infringing content, and a description of how the content has been infringing your trademark. A statement that you have a good faith belief that use of the trademark described above, in the manner complained of, is not authorized by the trademark owner, its agent, or the law. A statement, made under penalty of perjury, that the above information is accurate, and that you are the trademark owner or are authorized to act on behalf of the owner. The physical or electronic signature of the trademark owner or an authorized representative of the trademark owner. If we remove content in response to a report of trademark infringement, we may notify the person you reported to inform them the content was removed. We may also provide them with your contact information, including your email address and the name of the trademark owner, and or details of your report.
As a Terteel user, you are responsible for the content you post. If you have questions about copyright law or trademark law, such as questions about whether your content or your use of another person’s name or brand infringes or otherwise violates another person’s rights, you may want to contact an attorney. If you are unsure whether the material you plan to report to us is infringing or otherwise violating another person’s right, you may also want to first seek legal advice before reporting such content to us.
If you submit a report or infringement notification to us, we may contact you if we have additional questions about your report or notification. Please note that Terteel is not in a position to adjudicate disputes between third parties, and may not be able to remove the content or suspend the account you reported for infringement or violation. As an alternative, you may want to contact the person who posted the content or owns the account to try to resolve your issue directly.