(Last Amended: May 24, 2022)
ACCEPTANCE OF THE TERMS: BY ACCESSING, BROWSING OR OTHERWISE USING OUR WEBSITEPLATFORM AND SERVICES (AS DEFINED BELOW), INCLUDING BY CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OR PART OF THESE TERMS, PLEASE DO NOT BROWSE OUR WEBSITE, CREATE AN ACCOUNT, OR USE THE PLATFORM OR SERVICES IN ANY MANNER.
We reserve the right to periodically amend or revise the Terms at our sole discretion; such changes will be effective immediately upon the display of the revised Terms. The last revision date will be reflected in the “Last Amended” header above. Your continued use of the Platform and Services following such amendments constitutes your acknowledgment and consent of such amendments to the Terms and your agreement to be bound by them. We will our make best efforts to provide you with written notification by applicable means of communication in the event of any material changes to these Terms.
1. THE PLATFORM AND SERVICES
Our Platform offers multi-streaming video features ("Streamed Content"), enabling live streaming to multiple supported platforms and view of multiple streamers on the same screen, etc. ("Services").
The use of the Services, or certain features of the Services, as shall be determined by us from time to time, might be subject to registration (as detailed below). In addition, the use of certain features of the Services might be offered free of charge, or otherwise shall be subject to paid subscription or other fees. Twigo may, in its sole discretion, change such offering and subject the use of the Platform, or any part of the Services, in payment of fees or registration.
We reserve the right to change, modify, suspend, or discontinue any aspect of the Platform or Services at any time without notice to you and without any liability to you whatsoever in connection therewith, provided that, with regards to paid Services, changes that will affect your rights shall be subject to an applicable notice and compliance with additional obligations under applicable laws.
2. REGISTRATION AND USER ACCOUNT
Twigo may, in its sole discretion, refuse to offer access to or use of the Platform and Services to any user, and change its eligibility criteria at any time, without liability to the users or any third party. Twigo may terminate your Account immediately and without prior notice if you do not comply with these Terms or if we believe your participation or use of the Platform or Services does not comply with any applicable laws.
3. STREAMED CONTENT, THIRD-PARTY ASSETS & USERS GENERATED CONTENT
The Streamed Content available through the Platform is not produced, operated or monitored by us. In addition, the Platform may include links to third party websites and resources, including streaming or video platforms, that are not operated or owned by us (“Third Party Assets”).
If you choose to post comments or otherwise use the chatting features available through the Platform or upload any other content, including text, images, videos, etc. (collectively "User Generated Content" or "UGC"), you are fully responsible for the User Generated Content you upload and share.
You hereby acknowledge, represent and warrant that: (i) we are not responsible for any personal content and information which you choose to submit or share through the Platform and you are solely responsible to protect your privacy by what you decide to publicly share through the Platform; (ii) You are solely responsible for any and all UGC communicated, submitted or transmitted by you on the Platform; (iii) You undertake and agree that you will not make available through the Platform any UGC that does not comply with these Terms, and specifically, please see the "Prohibited Content and Use Restrictions" section below.
You should be aware that any Streamed Content or UGC shared through the Platform may be viewed and used by other users, as well as the general public. Twigo does not, and is not able to control or monitor the manner in which any third parties (including other users) use your Streamed Content or UGC, and specifically if and how they use it on other media channels, and we shall not be responsible for any such third parties' use.
You acknowledge that any and all Streamed Content and UGC, does not originate from us. Other than in specific circumstance, where we are made aware of Streamed Content or UGC which is considered as violating our Terms and policies, Twigo does not monitor nor control Streamed Content or UGC made available, uploaded or shared by users. In any event, Twigo shall not be responsible for any Streamed Content or UGC, and does not guarantee the accuracy, integrity, quality, completeness, accessibility, compatibility, suitability, reliability, availability, or non-infringement of such UGC.
Users retain ownership of their Streamed Content or UGC, and you may use your Streamed Content or UGC at your discretion. However, as part of these Terms, you hereby grant Twigo with a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to use your Streamed Content or UGC as we believe is reasonably needed to operate and provide the Platform and Services. This includes, for example, to store, use, distribute, edit, modify, run, copy, publicly perform or display, publish, translate and create derivative works of your Streamed Content or UGC, regardless of the specific media used.
4. PROHIBITED CONTENT AND USE RESTRICTIONS
When you use the Services, including when you stream content, upload UGC, or communicate with other users, please consider the fact the users' audience is of diverse. Any use of the Platform and Services, and your communication, must adhere with these Terms and you undertake to treat other users respectfully on the Platform. We do not allow any non-respectful language. Specifically, you may not make available through the Platform any Streamed Content or UGC, nor take any actions that involves the following:
• Is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, offensive, indecent, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, includes nudity (other than reasonable circumstances) or is otherwise sexually explicit. This includes support or praise of terrorism, organized crime, or hate groups, offering sexual services, self-injury, involves the offering or promotion of firearms, alcohol, tobacco, drugs and gambling; • Infringes any third-party's intellectual property rights, including trademark, trade secret and copyrights; • Infringes the rights of any other person or third party, including rights to reputation and good name, privacy rights, or others; • Incudes the use of any content or information you do not have the right to make available by reason of any law or contractual or fiduciary relationship; • Incudes the use of any content or information that contains any confidential or sensitive information about you or any other User or third party, such as medical information, information about sexual life or orientation, political affiliation, etc., unless you have obtained all necessary consents to do so; • “Spam” other users, or disrupt discussions with repetitive messages; • Artificially generate likes, followers, or other interactions with users, including obtaining the aforesaid by offering any monetary exchange.
You will not directly or indirectly: (i) use the Platform or Services in a non-compliant, unlawful, illegal, fraudulent, inappropriate, or unauthorized manner (including that which would infringe upon the rights of a third party) or that is in breach of applicable law; (ii) circumvent, disable or otherwise interfere with security-related features of the Platform or Services or prevent others from using the Platform or Services; (iii) copy, modify, or create a derivative work of the Platform or Services, in whole or in part; (iv) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Platform or Services, in whole or in part; (v) remove, deface, obscure, or alter the Platform or Services therein including any copyright notices, trademarks, other proprietary rights or disclaimers provided as part of the Platform or Services; (vi) create a database by systematically downloading and storing all or any content from the Service; (vii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available Twigo Platform or Services to a third party; and (ix) use, access or attempt to access the Platform or Services with any automated means (including robots, scrapers, etc.).
If you believe certain Streamed Content or UGC uploaded or sent through the Platform or Services infringes your rights or the rights of others, including without limitation, intellectual property rights, privacy rights, etc., or otherwise violates these Terms, you should notify us of such content, by sending us an email to: email@example.com
We will respond to any such notice we receive alleging an infringement of rights or these by investigating the allegation and removing the alleged infringing content should we determine that an infringement has occurred.
When providing us with notification of infringing content, please specify the following details: • Identify the material that you claim is infringing, along with information reasonably sufficient to permit us to locate the material and verify its existence (e.g., location and screenshots); • If you are a copyright owner, or are authorized to act on behalf of one, and you believe in good faith that any Streamed Content or UGC on the Platform has been used or exploited in a manner that infringes or violates any work or other intellectual property you own or control or of third party you are authorized to act on its behalf, please also identify the copyrighted work or material that you claim has been infringed, along with information reasonably sufficient to permit us verify its existence; • Provide information reasonably sufficient to permit us to contact you (email address is preferred). • Provide information, if possible, sufficient to permit us to notify the owner of the allegedly infringing content (email address is preferred); • Provide a statement that it is your good faith belief that the content identified is infringing and that the information you provided is accurate and complete.
Twigo may block contested Streamed Content or UGC, and may reinstate it, and shall not be liable for any such action taken in connection with contested user Streamed Content or UGC.
You may find Streamed Content or UGC you don’t like, but doesn’t violate these Terms. If that happens, you can cease of viewing such content. We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.
5. PREMIUM SERVICES
If you choose to register and obtain any of our paid Services ("Premium Services"), your use of such Premium Services, including fees, duration, and offered features, shall be as provided upon such registration, and those terms shall constitute an integral part of these Terms.
You agree to pay all fees or charges related to the chosen Premium Services, at the time that each fee or charge is due and payable. By registering to our Premium Services, you represent and warrant that: (i) the payment information provided by you is accurate, including a valid credit card by an issuer accepted by us as a condition to signing up for the Premium Services; (ii) you agree that we are authorized to verify the payment information immediately, and subsequently invoice your account for all fees and charges due and payable to us; (iii) you agree to immediately notify us of any change in your payment information.
6. REPRESENTATION, WARRANTIES
You hereby represent and warrant that: (i) you are eligible to enter into these Terms, or, where applicable, you have all proper authorization to enter into these Terms; (ii) you are not considered to be a “child,” “minor” or any other similar term, in your jurisdiction and that you are not under the age of 16; and (iii) to comply with all applicable laws regarding you access to the Platform, including any intellectual property law.
7. INTELLECTUAL PROPERTY
The Platform or Services (excluding the Streamed Content, Third Party Assets and UGC), are exclusively owned by Twigo or by third party licensors. Except as explicitly provided herein, no license, right, title or interest to the Platform or Services shall be granted to you, and we or our partners reserve any and all rights, title and ownership to Platform and Services. You shall not use any of Twigo’s copyrights, trademarks, trade names, logo or other Intellectual Property in any way except to the limited extent as may be expressly agreed in these Terms or subject to our prior written consent.
8. DISCLAIMER OF WARRANTIES
Except as provided herein, the Platform and Services are provided on an “as is” and “as available” basis, without warranties of any kind, express or implied, including, without limitation, representations, warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and those arising by statute or from a course of dealing or usage of trade, marketability, suitability, incompleteness, applicability or relevance of the content made available therein. You agree that Twigo will not be held responsible for any decision made or action taken or not taken in reliance on the content nor do we assume any responsibility for any loss, injury or damages incurred as a result or in connection with such actions. We make no representation or warranties that the Platform or Services are or will be available for use in any particular location or at any specific time. Except as expressly stated herein, Twigo does not make any representations, warranties or conditions of any kind, express or implied, as to the security of any information you may provide or activities you engage in during the course of your use of the Platform or Services. Your use of the Platform and Services is at your own risk and responsibility. Applicable law may not allow the exclusion of certain warranties, so to that extent certain exclusions set forth herein may not apply.
9. LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY LAW, TWIGO, INCLUDING, WITHOUT LIMITATION, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (COLLECTIVELY “TWIGO GROUP”), AS WELL AS ITS VENDORS, DISTRIBUTORS, AND THIRD PARTY LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR DAMAGES FOR LOST PROFITS, INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, DEVICE FAILURE, OR MALFUNCTION, OR DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PLATFORM OR SERVICES, EVEN IF TWIGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN THE PERFORMANCE OF ANY OF OUR OBLIGATIONS HEREIN THAT ARE CAUSED BY AN EVENT BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF TWIGO GROUP FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE AMOUNT PAID BY YOU TO TWIGO.
You can terminate these Terms at any time by ceasing your use of the services, Content, or website. We may terminate these Terms at any time, with or without cause, effective immediately.
You agree to defend, indemnify, and hold harmless Twigo, its members, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from any violation of these Terms or applicable law, or a violation of any third party right.
These Terms shall be governed by and construed in accordance with the laws of the State of Israel without giving rise to any conflict of law principals therein. You hereby agree to resolve any dispute you have exclusively in the competent courts of Tel-Aviv, Israel.
These Terms constitute the entire understanding between you and Twigo with respect to the use of the Platform or Services. If any provision of these Terms is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. Failure of Twigo to enforce any rights or to take action against you in the event of any breach hereunder shall not be deemed as a waiver of such rights or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be assigned by you without the prior written consent of Twigo. Your relationship with Twigo is that of an independent contractor, and nothing in these Terms is intended to, or should be construed to create a partnership, agency, joint venture, or employment relationship.
12. CONTACT US
If you have any questions about these Terms, please contact us at:
- By email: firstname.lastname@example.org.
- By mail: 114 Yigal Alon St., Tel Aviv-Yafo, 6744320, Israel.