Welcome to tuintichat.

By accepting the terms and conditions free to tuintichat of any claim tuintichat is one of the main platforms for creating and sharing short-form videos You are reading the terms of service (which govern the relationship and serve as an agreement between you and us and establish the terms and conditions under which you can access and use the Platform and our websites (such as tuintichat.com), services, applications, products and other content that indicate that they are offered under these Terms (collectively referred to as
The Terms constitute a legally binding agreement between you and us. Please read them carefully and if you do not agree with them, do not register and do not access or use any of the Services.
2. Description of the Services
The Services and the Platform are intended solely for persons who are at least 18 years of age.
You can use the Services and the Platform through the tuintichat mobile applications and through the tuintichat Website https://tuintichat.com/ There are certain functions that are available only in the App. In addition, not all may the Services or items are available in your country or region. Different elements may be available in different versions of the Services. Some items are not available to users under a certain age.
The Services allow you to create, post, and share short-form videos and to consume videos that other users have created and to interact with those videos and with other users.
Creation and sharing of videos. Specifically, you can do the following:
You may record or import videos to the Services.
You may also include content from other users in your videos, provided that the creator of the relevant video allows the use of their content for that purpose. Other users may use your content in their videos, if you allow the use of your content for that purpose.
You may post videos to the Services so that other users can consume your videos. Videos that you post publicly will be available on the App and on the Website. You can share your videos, or videos of others who have authorized their sharing, through various messaging services and on third party social media platforms (eg Instagram, Facebook, YouTube, Twitter Tik tok), in accordance with their respective terms of service.
You can include a video description, tags, and various privacy settings when posting a video.
You may include a short biographical text and a profile picture on your public user profile.
Subject to the terms of our Virtual Items Policy,
Video Consumption: You may consume videos of other users of the Services. Specifically, you can do the following:
You can consume videos that other users have shared publicly or from users that you follow.
The Service provides you with a personalized "For You" page where the Service chooses videos to show you based on what the Service determines might be of interest to you. For more information, see the Privacy Policy.
The Service provides you with other ways to find content for you to consume, such as a list of other users' videos on your profile, a search function, and a selection by category.
Interaction with other users: You can interact with the content of other users and with other users. Specifically, you can do the following: Direct messages: You can send direct messages to users if they are followers of yours.
Likes: You can express that you like the videos.
Comments: Subject to user settings, you may post comments on user videos.
Limitations of the Services: We strive to offer the Service without significant interruptions and to continually improve the Service. However, it may happen that the service is not available in part or in its entirety during certain periods of time due to planned or unplanned downtime, for maintenance or in the event of technical difficulties.
3. Acceptance of the Conditions
By registering for, accessing, or using the Services, you agree that you can and do enter into a legally binding agreement with tuintichat consistent with the Terms, that you are 18 years of age or older, and that you accept these Terms and agree to fulfill them. Your access to and use of our Services is also subject to our Community Guidelines and our Virtual Items Policy, the terms of which can be found directly on the Platform or, if the Platform is available for download, in the online store. corresponding apps on your mobile device. Those additional guidelines and policies are incorporated by reference into this legally binding agreement between you and us.
Please also review our Privacy Policy as it governs how we use your personal information.
If you are accessing or using the Services on behalf of a company or entity, (a) the terms you and your include both you and that company or entity; (b) you represent and warrant that you are an authorized representative of the company or entity with the authority to bind the entity to these Terms, and that you accept these Terms on behalf of the entity; and (c) that your company or entity is legally and financially responsible for your access to or use of the Services, as well as for access to and use of your account by others associated with your entity. , including its employees, agents or contractors.
4. Changes in the Conditions and in the Services
We constantly innovate, modify and improve the Services. We may also amend these Terms from time to time, such as when we update the functionality of the Services or when there are regulatory changes that affect these Terms or the Services.
We will provide you with sufficient advance notice, for example, by means of a notice on our Platform, of any material changes to these Terms or our Services that will be materially detrimental to you or materially limit your access to our Services or their use of them. However, you should also check the Terms regularly to see if there have been any changes. We will also update the "Last Updated" date at the top of these Terms to reflect the effective date of the most recently updated version of the Terms. Because we do not allow use of the Services by persons who do not agree to abide by our Terms, your continued access to 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 and using the Services and (if applicable) close your account. In the event that we need to make changes to the Terms or the Services to meet security, legal or regulatory requirements, we may not be able to notify you of such changes in advance, but we will notify you as soon as possible.
5. Your account with us
To access or use our Services, you must create an account with us. When you create this account, you must provide us with 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 in order to keep such information current and complete. You can also access the Terms at any time on the Platform. 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 a third party knows your password or has access to your account, fill out the available form 6. Termination
We reserve the right to temporarily or permanently suspend or terminate your user account or to restrict or impose limits on your access to any or all of the Services with or without notice and at any time for any or no reason, including :
if we reasonably believe that you violate, or we have reasonable objective grounds to believe that you are about to violate, the Terms, including any incorporated agreements, policies or guidelines (such as our Community Standards), or any applicable law or regulation ;
if activities take place under your account that, in our sole discretion, may or may cause harm or impairment to us or our Services, or infringe or violate the rights of any third party (including intellectual property rights);
in response to any request from the State security forces or bodies or any other public body under a valid judicial or administrative procedure; due to unexpected technical or security issues or problems; either
if there are long periods of inactivity on your account.
If we permanently suspend or terminate your user account, we will notify you in advance in order to give you time to access and save your information and content, unless we have reason to believe that your continued access to your account will cause any damage to us or our Services or will violate requests from the State security forces or bodies or other official bodies or the applicable laws and regulations or the rights of third parties. Without prejudice to any legal rights that may assist you, if your account is temporarily or permanently suspended or terminated, access to your username, password, and other information or content associated with your account may be suspended or terminated. As we do not guarantee the permanent availability of your content, you should make backup copies of any content that you consider valuable. If you no longer wish to use our Services, you may request that your account be deleted using the Platform's functionalities. You can also contact us through the form available at phoenixfashionn@yahoo, and we will provide you with the necessary help and guide you through the process of deleting your account. Please note that once you choose to delete your account, you will not be able to reactivate your account or retrieve any content or information you have added to your account. 7. Your use of the Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. You will not be able to do any of the following:
access or use the Services if you are not 18 years of age or older or otherwise incapable of accepting these Terms;
make copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithm, method or technique incorporated into the Platform or any derivative works thereof, unless such activities are expressly authorized by us in advance; distribute, transfer, sell or license all or any part of any of the Services or any derivative works thereof;
market, rent or lease the Services for a price or use the Platform to advertise or make any commercial offers, unless such activities are expressly authorized by us in advance; use the Services without our express written consent for any commercial or unauthorized purpose, including the communication or promotion of any advertising or solicitation or commercial spam campaign;
interfere or attempt to interfere with the proper working of the Services, disrupt the Platform, our Website or any of the networks connected to the Services, or circumvent any measures we may use to prevent or restrict access to the Services;
incorporate the Platform or any portion thereof into any other program or product, in which case we reserve the right to deny service, terminate accounts, or limit access to the Services in our sole discretion;
use any automatic system or software, whether operated by a third party or otherwise, to extract data from the Service for commercial purposes screen scraping impersonate any person or entity, or falsely state or misrepresent yourself or your association with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make public otherwise emanates from the Services;
bully or harass other people or promote sexually explicit, violent, or discriminatory material based on race, gender, religion, national origin, disability, sexual orientation, or age;
use or attempt to use another person's account, service or system without authorization from tuintichat or create a false identity on the Services; use the Services in a way that may create a conflict of interest for you or us or undermine the purposes of the Services, such as sharing reviews with other users or writing or requesting complaint reviews;
use the Services to intentionally, recklessly, or negligently upload, transmit, distribute, store, or otherwise publish the following:
any material that violates or may violate applicable laws or infringes the rights of another person;
any virus, Trojan horse, worm, logic bomb or any other material that is malicious or technologically harmful;
any unsolicited or unauthorized advertising, solicitation, promotional material, junk mail, spam, chain letter, pyramid scheme, or any other type of prohibited solicitation;
any material that infringes or may infringe any copyright, trademark or other intellectual property of any other person;
any material that infringes the privacy or personality rights of any other person or deceased person;
any material that is defamatory of any person, obscene, offensive, pornographic, hateful or inflammatory;
any material that constitutes, encourages or provides instructions for the commission of a crime, dangerous activities or self-harm;
any material that is deliberately designed to provoke or upset other people, especially trolling and harassment, or that 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 based on another person's race, religion, age, gender, disability, or sexuality;
any response, response, comment, opinion, analysis or recommendation that you are not qualified to provide or for which you do not have the appropriate license;
any material that, in the sole discretion of tuintichat, is objectionable or restricts or inhibits the use of the Services by any other person, or that may expose tuintichat, the Services or its users to any harm or liability of any kind. In addition to the foregoing, your access to and use of the Services must, at all times, comply with our Community Guidelines.
We reserve the right, at any time and without notice, to permanently or temporarily remove or suspend your access to content if, in our sole judgment, the content violates or potentially violates these Terms or our Community Guidelines, the rights of third parties (including intellectual property rights), or applicable laws or regulations, or if it is harmful to the Services, our users or third parties. As agreed between you and tuintichat, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, the audio, video, music, and the look and feel of the Services, Platform, and App, as well as all associated intellectual property rights (the “tuintichat Content”) are either owned by or used by tuintichat. under a license, it being understood that you or your licensors will be the owner of all User Content (as defined below) that you upload or transmit through the Services. Your use of the Tweet Content or other materials available as part of the Services for any purpose not expressly permitted by these Terms is strictly prohibited. Such content and materials may not be downloaded, copied, reproduced, distributed, transferred, rebroadcast, displayed, sold, licensed or otherwise exploited for any purpose whatsoever without our consent (if applicable, without the consent of our licensors). ), granting expressly, prior and in writing. We and our licensors absolutely and unconditionally reserve all rights arising out of or associated with the Services and Tuintichat Content not expressly granted in and to such content and materials. You acknowledge and agree that we may generate revenue, increase our goodwill or otherwise increase our value from your use of the Services, including, by way of example and without limitation, through the sale of advertising, sponsorships, promotions , usage data and gifts, and, except as specifically permitted by us in these Terms or in another contract you enter into with us, you will not have any right to share such income, goodwill or value in any way. You further acknowledge that, except as specifically permitted by us in these Terms or in any other agreement you enter into with us, you (i) have no right to receive any income or other consideration for any User Content (as defined below) or your use of any musical work, sound recording or audiovisual clip made available to you on or through the Services, including any User Content created by you, and (ii) you are prohibited from exercise any right to monetize or obtain any consideration for any User Content within the context of the Services or the service of any third party (including, without limitation, YouTube, Facebook, Instagram, Twitter or any other social media platform) to the extent where such User Content has been edited or otherwise altered through the Services (including through use of the Site Elements). tuintichat (as defined below)). Notwithstanding these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable, non-sublicensable, worldwide license to access and use the Services, including downloading the Platform on a permitted device, and to access tuintichat Content solely for your personal, non-commercial use through the use of the Services and solely in compliance with these Terms. tuintichat absolutely and unconditionally reserves all rights not expressly granted herein to the Services and tuintichat Content. You acknowledge and agree that upon termination of your account or these Terms, this license granted to you in the Services will automatically terminate. NO LICENSE TO ANY RIGHTS IN THE SOUND RECORDINGS (OR IN THE MUSICAL WORKS EMBODIED THEREIN) THAT ARE POSTED ON OR THROUGH THE SERVICES IS GRANTED TO YOU UNDER THESE TERMS. You acknowledge and agree that when you view content provided by others on the Services, you do so at your own risk. The content on our Services is provided for general information purposes only and is not intended to be advice on which one should rely. You should seek professional or specialized advice before taking, or refraining from taking, any action based on content found on the Services. We make no representations or warranties, express or implied, that any Content on tuintichat (including User Content) is correct, complete, or up-to-date. If the Services contain links to other sites and resources provided by third parties, such links are provided for your information only. We do not view or have any control over the content found on or accessible through those sites or resources, and you acknowledge and agree that we have no responsibility for such content. Such links should not be construed as an endorsement by us of the websites to which such links lead or of the information you may obtain on or through 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 Platform (including User Content). User Generated Content
Users of the Services may be permitted to upload, post or transmit (by streaming, for example) or otherwise make content available to others through the Services, including, but not limited to, user text, photos, videos , sound recordings, and the musical works embodied therein (including videos that incorporate locally stored sound recordings from your personal music library and background noise) uploaded to or made available to others through the Services ("User Content"). You acknowledge and agree that users of the Services may also extract all or part of the User Content uploaded or otherwise published by you through the Services for the purpose of producing additional User Content, including User Content in collaboration with other users, that is combined and intermingled with User Content generated by you and other users. Users of the Services may also overlay music, graphics, stickers, Virtual Items (as defined and further explained in the Virtual Item Policy), and other elements provided by tuintichat ("tuintichat Elements"). ») to User Content and transmit this User Content through the Services. The information and materials contained in User Content, including User Content that includes tuintichat Elements, have not been verified or approved by us. Opinions expressed by other users on the Services (including through the use of virtual gifts) do not represent our opinions or values. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services (including through certain third-party social media platforms such as Instagram, Facebook, YouTube, or Twitter), or to contact other users of the Services, you must comply with the rules set forth in Section 7 above. You may also choose to upload or transmit your User Content, including User Content that includes tuintichat Elements, to third party sites or platforms. If you choose to do this, you must comply with their content guidelines, as well as the standards set forth in this Section 9 above. You warrant that any such contribution complies with those standards and that you will be liable to us and indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty. All User Content will be considered non-confidential. You shall not post any User Content on or through the Services or transmit any User Content to us that you believe is confidential or proprietary to any other person. If you submit User Content through the Services, you agree and represent that you own such User Content or that you have received all necessary permissions, approvals or authorizations (including all necessary licenses) from the owner of any party. content to submit such User Content to the Services, to transmit it from the Services to other third-party platforms, and/or to otherwise make use of such User Content on or through the Services. If you only own the rights to a sound recording, but not to the underlying musical works embodied in such sound recording, you must not upload or publish such sound recording through the Services, unless you have all permissions (including any necessary licenses, if any) or authorizations of the owner with respect to any part of the content that you intend to submit to the Services. Except as otherwise expressly provided in these Terms, you or the owner of your User Content retains the copyright and all other intellectual property rights in the User Content you submit to us, but by submitting such User Content through the Services, you hereby grant (i) to us and our affiliates, agents, service providers, partners and other associated third parties, an unconditional, irrevocable, non-exclusive, royalty-free, fully licensed transferable (including by sublicense), perpetual and worldwide to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit and/or distribute and authorize other users of the Services and other third parties to view, access your Content of the User and use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit said User Content in any way kill and on any platform, whether known today or invented from now on; (ii) to other users of the Services an unconditional, irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, adapt, reproduce, make derivative works of, download, publish and/or transmit, and/or distribute some or all of the User Content in any format and on any platform, whether now known or hereafter invented for the purpose of generating other User Content or viewing your User Content for entertainment purposes or for other private and non-commercial purposes. You further grant us and our associates, agents, service providers, partners and other associated third parties a royalty-free license to use your username, likeness, voice and likeness to identify you as the source of any portion of your User Content. 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 to make mechanical reproductions of the musical works embodied in such sound recordings) and to perform in public and to communicate sound recordings (and the musical works embodied in them) to the public, all without charging royalties. This means that you grant us the right to use your User Content without obligation to pay royalties to you or any third party, including but not limited to the owner of the copyright in a sound recording (such as a record company). , the owner of the copyright in a musical work (such as a music publisher), a performing rights management organization (eg, ASCAP, BMI, SESAC, etc.) (a "PRO" for short) in English), a music or sound recording PRO (e.g. SoundExchange), unions or guilds, and engineers, producers or other royalty participants who may have assisted (knowingly or unknowingly) in the creation of the User Content . Specific rules for musical works and for performers. If you are a composer or author of a musical work and you are a member of a PRO, you must notify your PRO of the royalty-free license you grant to us in your User Content under these Terms. You are solely responsible for ensuring your compliance with the reporting obligations to the applicable PRO, as well as any other terms of such PRO applicable to you. If you have assigned your rights to a music publisher, you must obtain the music publisher's consent to grant the royalty-free license(s) set forth in these Terms to your User Content or cause such music publisher to terminate these Terms with U.S. The mere fact that you are the author of a musical work (eg, have written a song) does not mean that you have the right to grant us the licenses contemplated in these Terms. If you are a performing artist under a contract with a record company, it is your sole responsibility to ensure that your use of the Services complies with any contractual obligations you may have with your record company, including the creation of new recordings by means of the Services that your record label may claim. Rights transferable to the public. Any rights you grant to your User Content in these Terms are granted on a public transferable basis, which means that the owners or operators of the third party services will have no separate liability to you or any other third party. arising from or related to such availability of your User Content through such third party services. Waiver of rights to User Content. By posting User Content on or through the Services, you waive all rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive (to the extent permitted by applicable law) all rights of privacy and publicity or any other rights of a similar nature in connection with your User Content or any portion thereof. You hereby waive (to the extent permitted by applicable law) and agree never to attempt to exercise all or any moral rights that you may have in all or any part of the User Content that you have uploaded. or otherwise posted through the Services, or to support, uphold, or permit any legal action based on such moral rights. You acknowledge and agree that, under certain circumstances, we also have the right to disclose your identity to any third party who claims that any User Content posted or uploaded by you to our Services constitutes a violation of their intellectual property rights or their right to to privacy. We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to post your content in our sole discretion, or yours. We have the right to remove, reject, block or delete any posting you make on our Platform if, in our opinion, your posting does not meet the content standards set out in Section 7 above (Your use of our Services). In addition, we have the right – but not the obligation – in our sole discretion, to reject, block or delete any User Content (i) that we believe violates these Terms, or (ii) in response to complaints from other users or third parties. , with or without notice and without any liability to you. Accordingly, 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 wish to ensure permanent access to copies of such User Content. We do not guarantee the correctness, completeness, adequacy, or quality of any User Content and shall not be liable under any circumstances for any User Content. You control whether your User Content on the Services is made available to all other users of the Services or only to those you authorize. To modify the default access setting that determines how your User Content is made available to other users, you must access the privacy setting available on the Services and follow the simple instructions that are clearly indicated therein. We do not accept any responsibility for any content or information submitted by users of the Services and posted by us or on our behalf on any of the Services or elsewhere by third parties.
If you wish to make a complaint about information or materials uploaded by other users, or if there is any other matter you wish to raise with us, please contact us at phoenixfashionn@yahoo.com
While our own staff continually work to develop and test our own product ideas and features, we pride ourselves on paying close attention to the interests, opinions, feedback, and suggestions we receive from the user community. If you choose to contribute by submitting to us or our employees any ideas for products, services, features, modifications, additions, content, enhancements, technologies, content offerings (such as audio, visual, game or other types of content), promotions, product/feature names or strategies, or any associated documentation, artwork, computer code, diagrams, or other materials (collectively, "Contribution"), regardless of what your accompanying communication may say, the following terms shall govern, that the status of such Contribution is clearly understood by you and by us. Accordingly, by submitting your Contribution to us, you agree to the following: we are under no obligation to review, consider or execute your Contribution, or to return any Contribution to you in whole or in part for any reason; Your Contribution is provided on a non-confidential basis, and we are under no obligation to maintain the confidentiality of any Contribution you submit to us or to refrain from using or disclosing it in any way; Y you irrevocably grant us an unconditional, non-exclusive, royalty-free, fully transferable (including by sublicense), perpetual, worldwide, unlimited license to adapt, reproduce, distribute, create derivative works from, modify, publicly perform (including directly transferable to the public), communicate to the public, make available, publicly display and otherwise use and exploit the Contribution and derivative works thereof for any purpose and without restriction, without charge and without the need for attribution of any kind, including making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or represent the Contribution, whether in whole or in part, and in the state in which it is supplied or as modified. 10. Compensation You agree to defend, indemnify and hold harmless tuintichat, its parent companies, its affiliates and its associates, and each of their respective officers, directors, employees, agents and consultants from all claims, liabilities, costs, damages, losses and expense (including, without limitation, attorneys' fees and expenses) arising from any breach by you (or any user of your account on any of the Services) of these Terms or in connection with these Terms, including, as a guideline, the breach of its obligations, declarations and guarantees. 11. EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS (I) THAT YOU MAY NOT CONTRACTUALLY AGREE TO ALTER OR WHICH YOU MAY NOT CONTRACTUALLY WAIVE; AND (II) TO WHICH YOU ARE ALWAYS LEGALLY ENTITLED AS A CONSUMER. THE SERVICES ARE PROVIDED AS IS AND WE MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE SERVICES TO YOU. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THE FOLLOWING:
THAT YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
THAT ALL INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE CORRECT, RELIABLE OR ERROR-FREE; Y
THAT DEFECTS IN THE OPERATION OR FUNCTIONS OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NO CONDITIONS, REPRESENTATIONS, WARRANTIES, REPRESENTATIONS, OR OTHER TERMS (INCLUDING ANY IMPLIED CONDITIONS OF SATISFACTORY QUALITY, FITNESS FOR A PURPOSE, OR CONFORMITY TO A DESCRIPTION) SHALL APPLY TO THE SERVICES, EXCEPT TO THE EXTENT THAT ARE EXPRESSLY INCLUDED IN THESE CONDITIONS. WE MAY MODIFY, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PORTION OF OUR PLATFORM FOR CORPORATE OR OPERATIONAL REASONS AT ANY TIME AND WITHOUT NOTICE. 12. LIMITATION OF LIABILITY NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHERE SUCH LIABILITY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR BY THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION. NOTWITHSTANDING THE PRECEDING PARAGRAPH, WE WILL NOT BE LIABLE TO YOU IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) UNDER ANY LAW OR OTHER LEGAL RULE UNDER OR IN CONNECTION WITH THESE TERMS OR THE PROVISION OR ENJOYMENT OF THE SERVICES FOR (I) ANY LOST PROFITS, (II) ANY LOSS OF GOODWILL, (III) ANY LOSS OF OPPORTUNITY, (IV) ANY LOSS OF DATA, (V) ANY LOSS OF BUSINESS, (VI) ANY BUSINESS INTERRUPTION , (VII) ANY LOSS OF CORPORATE REPUTATION, OR (VIII) ANY INDIRECT OR CONSEQUENTIAL LOSS OF ANY KIND. NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 12, OUR TOTAL AGGREGATE LIABILITY IN CONTRACT AND TORT (INCLUDING NEGLIGENCE) UNDER ANY LAW OR OTHER LEGAL RULE UNDER OR IN CONNECTION WITH THESE TERMS AND THE PROVISION AND ENJOYMENT OF THE SERVICES WILL BE LIMITED TO THE GREATEST AMOUNT OF: (I) THE AMOUNT PAID BY YOU TO tuintichat DURING THE 12-MONTH PERIOD IMMEDIATELY PRECEDING YOUR CLAIM AGAINST tuintichat; OR (II) $100.00. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE FIRST PARAGRAPH OF THIS SECTION 12, WE WILL NOT BE LIABLE IN CONTRACT OR TORT (INCLUDING NEGLIGENCE) UNDER ANY LAW OR OTHER LEGAL REGULATION FOR ANY LIABILITY, LOSS, EXPENSE (INCLUDING ATTORNEY), COST, CLAIM OR DEMAND FOR DAMAGES INCURRED BY YOU OR ANYONE ELSE FOR THE FOLLOWING: WHETHER YOU HAVE RELYED ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES; ANY MODIFICATIONS WE MAY MAKE TO THE SERVICES OR ANY PERMANENT OR TEMPORARY CESSATION OF THE SERVICES (OR ANY FEATURES OF THE SERVICES); THE DELETION, CORRUPTION OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY YOUR USE OF OR THROUGH YOUR USE OF THE SERVICES; YOUR FAILURE TO PROVIDE US WITH CORRECT ACCOUNT INFORMATION; OR THE FAILURE OF YOUR FAILURE TO MAINTAIN THE SECURITY OR CONFIDENTIALITY OF YOUR PASSWORD OR YOUR ACCOUNT DATA. PLEASE NOTE THAT WE ONLY OFFER OUR PLATFORM FOR HOME AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSE, UNLESS WE HAVE GRANTED YOU EXPRESS WRITTEN CONSENT. IF DEFECTIVE DIGITAL CONTENT PROVIDED BY US DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU CAUSED BY US FAILURE TO EXERCISE REASONABLE CARE AND SKILL, OR WE WILL REPAIR THE DAMAGE (IN WHICH CASE YOU WILL BE RESPONSIBLE FOR COMPLY WITH OUR INSTRUCTIONS REGARDING DELIVERY OF THE DEVICE TO US OR OUR SERVICE PROVIDERS) OR WE WILL PAY YOU REASONABLE COMPENSATION. HOWEVER, WE SHALL NOT BE LIABLE FOR ANY DAMAGES THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE, OR FOR DAMAGES CAUSED BY YOUR FAILURE TO FOLLOW IT CORRECTLY. THE INSTALLATION INSTRUCTIONS OR FOR NOT HAVING THE MINIMUM SYSTEM REQUIREMENTS RECOMMENDED BY US THESE LIMITATIONS ON OUR LIABILITY TO YOU WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH LOSSES.
YOU ARE RESPONSIBLE FOR ANY MOBILE USE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT AND DATA CHARGES. IF YOU DO NOT KNOW HOW MUCH THESE CHARGES MAY BE, YOU SHOULD CONSULT YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. 18. Other Conditions Applicable law and jurisdiction. Residents of the EEA and Switzerland. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with its subject matter shall be governed by the laws of Ireland, without prejudice solely to any applicable mandatory law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods, or any other similar right, rule or law in force in any other jurisdiction, shall not apply. You and tuintichat agree that the Irish courts will have non-exclusive jurisdiction to adjudicate any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation, without prejudice solely to any mandatory law applicable in the country in which you reside or of the provisions on the choice of jurisdiction that cannot be modified contractually. You can also escalate the dispute to another dispute resolution body through the European Commission's Online Dispute Resolution Platform. UK residents. These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with their subject matter shall be governed by the law of England and Wales. The United Nations Convention on Contracts for the International Sale of Goods, or any other similar right, rule or law in force in any other jurisdiction, shall not apply. You and tuintichat agree that the courts of England and Wales will have non-exclusive jurisdiction to adjudicate any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms or their subject matter or formation. You can also escalate the dispute to another dispute resolution body through the European Commission's Online Dispute Resolution Platform. Open Source. The Apps contain certain open source software. Each piece of open source software is subject to its own applicable license terms, which you can find in our Open Source Policy. Integrity of the agreement. These Terms (including the Supplemental Terms below) constitute the entire legal agreement between you and tuintichat and supersede any applicable prior Terms and Conditions that governed the service prior to the date of the Last Update specified above. Not exemption. Our failure to insist on or enforce any provision of these Terms (or to exercise any other legal right or remedy granted by these Terms) shall not be construed as a waiver of any provision or right under these Terms or prevent or restrict the new or continued exercise of that or any other legal right or remedy. Security. You are responsible for configuring your information technology, software and platform to access our Platform. You must use your own virus protection software. Divisibility. If any court competent to decide on the matter determines that any provision of these Conditions is invalid, illegal or unenforceable, said provision will be eliminated from these Conditions, without affecting the rest of the Conditions, and the remaining provisions of the Conditions will continue to be valid and enforceable. Any questions? Contact us at phoenixfashionn@yahoo.com
Consequences of Termination. In the event of termination of the legally binding agreement between you and us, the following provisions of the Terms will survive such termination: Our right to use and disclose your Contribution as described in Section 9
The rights of other users to continue to share User Content and any other information that you have shared through the Services to the extent that you have done so prior to termination
Any amount owed by you to tuintichat
Sections 10, 11, 12 and 13.
Supplementary Conditions: App stores
To the extent permitted by applicable law, the following additional terms will apply:
Notification about Apple. By accessing the Platform through a device manufactured by Apple, Inc. Apple, you specifically acknowledge and agree to the following:
These Conditions are concluded between tuintichat and you; Apple is not a party to these Terms.
The license granted to you hereby is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on the Apple-authorized Apple device or devices that you own or control for your personal use, non-commercial, subject to the Usage Rules set forth in the Apple App Store Terms of Service. Apple is not responsible for the Platform or its content and has no obligation whatsoever to provide any maintenance or support services with respect to the Platform. In the event that the Platform fails to meet any applicable warranty, you may notify Apple and Apple will refund to you, if applicable, the purchase price of the Platform, if applicable. To the fullest extent permitted by applicable law, Apple shall have no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claims made by you or any third party in connection with the Platform or your possession or use of the Platform, including, without limitation, (a) product liability claims; (b) any allegation that the Platform does not comply with any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any claim by a third party that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, Apple will not be responsible for investigating, contesting, settling or rescinding of such claim for infringement of intellectual property. You represent and warrant that (a) you are not located in a country that is the subject of a US government embargo or that has been designated by the US government as a "country supporting the terrorism"; and (b) you are not listed on any US Government list of prohibited or restricted entities. Apple and its affiliates 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 the third party beneficiary of these Terms. themselves. GooglePlay. By downloading the Platform from Google Play (or its successors) operated by Google, Inc. or one of its Google affiliates, you specifically acknowledge and agree to the following: in the event of a conflict between (a) the Google Play Services Terms and the Google Play Programs and Business Policies or other terms that Google designates as Google Play's default end user license terms (all of which together shall be referred to as the “Google Play Terms”) and (b) the other terms and conditions of these Terms, the Google Play Terms will govern with respect to your use of the Platform that you download from Google Play; Y You hereby acknowledge that Google has no liability in connection with the compliance or non-compliance by tuintichat or you (or any other user) of these Terms or the Google Play Terms. Terms of Service
(If you are not located within the US, EEA, UK, Switzerland, or India)
General Terms – All Users
1. Your Relationship with Us
Welcome to tuintichat (the “Platform”), which is provided by tuintichat by tuintifashion. or one of its affiliates (“tuintifashion” or “we”). You are reading the terms of service (the "Terms"), which govern the relationship and constitute an agreement between you and us, in addition to establishing the terms and conditions by which you can access and use the Platform and our sites. website, services, applications, products and related content (collectively, the “Services”). Our Services are provided for private and non-commercial use. For purposes of these Terms, "you" and "your" means you as a user of the Services. The Terms constitute a legally binding agreement between you and us. Please take the time to read them carefully. 2. Acceptance of the Terms
By accessing or using our Services, you confirm that you can enter into a binding contract with tuintichat, that you accept these Terms and that you agree to comply with them. Your access to and use of our Services is also subject to our Privacy Policy and Community Guidelines, the terms of which can be found directly on the Platform, or where the Platform is available for download, in the applicable app store of your mobile device and which are incorporated herein by reference. By using the Services, you consent to the terms of the Privacy Policy. If you access or use the Services from a jurisdiction for which separate supplemental terms exist, you also agree to the supplemental terms applicable to users in each jurisdiction as described below, and to the extent of any conflicting provisions of the Terms Supplemental – Jurisdiction-Specific Terms that are applicable to your jurisdiction from which you access or use the Services, and the rest of these Terms, the Supplemental – Jurisdiction-Specific Terms of the corresponding jurisdictions will prevail and govern. If you do not agree to these Terms, you must not access or use our Services. 3. Modifications to the Terms
We change these Terms from time to time, for example when we update the functionality of our Services, when we combine multiple applications or services operated by us or our affiliates into a single combined service or application, 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 check back regularly to see if any such changes to the Terms have been made. We will also update the “Last Updated” date at the top of these Terms to reflect the effective date of these 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 information and any other information you provide to us, in order to keep such information current and complete. It is important that you keep your account password confidential and do not disclose it to any third party. If you know or suspect that any third party knows your password or has access to your account, you must notify us immediately at: phoenixfashionn@yahoo.com. You agree that you are solely responsible (to us and to others) for the activity that occurs on your account.
We reserve the right to disable your user account at any time, including if you have breached any of the provisions of these Terms, or if activities occur under your account that, in our sole discretion, could cause damage to, or impair the Services or infringe or violate any rights of third parties, or violate any applicable laws or regulations. If you do not want to use our Services again, and if you want us to delete your account, please contact us at: phoenixfashionn@yahoo.com. We will provide you with additional assistance and guidance through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any content or information you have added. 5. Your Access and Use of Our Services
Your access to and use of the Services is subject to these Terms and all applicable laws and regulations. Will not be able:
access or use the Services if you are not fully able and legally competent to accept these Terms;
make unauthorized copies, modify, adapt, translate, reverse engineer, disassemble, decompile, or create derivative works of the Services or any content contained therein, including any files, tables, documentation (or any part of the same) or determine or attempt to determine any source code, algorithms, methods or techniques that are part of the Services or any derivative works thereof; distribute, license, transmit or sell, in whole or in part, any of the Services or derivative works thereof; market, rent or lease the Services for fees or charges, or use the Services to advertise or conduct any commercial solicitation; use the Services, without our express written consent, for any commercial or unauthorized purpose, including the communication or facilitation of any commercial advertising or solicitation or spam; 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 part thereof into any other program or product. In such event, we reserve the right to deny our service, close accounts, or limit access to the Services in our sole discretion; use automated scripts to collect information from the Services or to otherwise interact with the Services;
impersonate any person or entity, make false statements or falsely display or affiliation with any person or entity, including giving the impression that any content you upload, post, transmit, distribute or otherwise make available is from of the services; bully or harass others, or promote sexually explicit material, violence, or discrimination based on race, gender, religion, national origin, disability, sexual orientation, or age; use or attempt to use the account, service or system of others without the authorization of tuintichat, or create a false identity on the Services;
use the Services in a way that could create a conflict of interest or undermine the purpose of the Services, such as exchanging 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, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; any unsolicited or unauthorized advertising, solicitations, promotional materials, “spam,” “spam,” “chain letters,” “pyramid schemes,” or any other form of prohibited solicitation; any private information of any third party, including addresses, telephone numbers, email addresses, personal identification number and characteristics (for example, Homeland Security numbers, passport numbers) or credit card numbers; any material that infringes or may infringe any copyright, trademark or other intellectual property rights or privacy rights of any other person; any material that is defamatory of any person, obscene, offensive, pornographic, hateful or subversive; any material that could constitute, encourage or provide indications to commit a criminal offense, dangerous activities or self-harm; any material that is deliberately designed to provoke or antagonize people, especially that offends and harasses, or is intended to harass, harm, hurt, scare, distress, embarrass or annoy people; any material that contains a threat of any nature, including threats of physical violence; any material that is racist or discriminatory, including discrimination based on a person's race, religion, age, gender, disability, or sexuality; any questions, answers, comments, opinions, analysis or recommendations that you have not been properly licensed or otherwise qualified to provide; either material that, in the sole discretion of tuintichat, is objectionable or that restricts or prevents any other person from using the Services, or that could expose tuintichat, the Services or its users to any danger or liability of any nature. In addition to the foregoing, your access to and use of the Services must, at all times, be in compliance with our Community Guidelines.
We reserve the right, at any time and without notice, to deny or disable access to content at our discretion with or without cause. Some of the reasons we might deny or disable access to content may include finding content to be objectionable, in violation of these Terms or our Community Guidelines, or otherwise harmful to the Services or our users. Our automated systems analyze your content to provide you with personally relevant product features, such as personalized search results, tailored advertising, and spam and malware detection. This analysis occurs when the content is sent, received and when it is stored. 6. Intellectual Property Rights
We respect intellectual property rights and ask that you do too. As a condition of your access and use of the Services, you agree that you will not use the Services to infringe any intellectual property rights. We reserve the right, with or without notice, at any time and in our sole discretion, to block access to and/or terminate the accounts of any user who infringes or is alleged to have infringed any copyright or other intellectual property rights. 7. Content
A. Twitter Chat Content
Between you and tuintichat, all content, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and the "look and feel" and feel”) of the Services, and all intellectual property rights related thereto (the “tuintichat Content”), are owned or licensed by tuintichat, it being understood that you or your licensors are the owners of any User Content ( as defined below) that you upload or transmit through the Services. Use of the Tuintichat 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, displayed, sold, licensed, or exploited for any purpose without our prior written consent, or where applicable, without the prior written consent of our licensors. We and our licensors reserve all rights not expressly granted in and to your content. You acknowledge and agree that you may generate revenue, increase goodwill, or otherwise increase our value by your use of the Services, including, by way of example and without limitation, through the sale of advertising, sponsorships, promotions, usage data and Giveaways (as such term is defined and further explained in the “Virtual Items Policy”), and except as specifically permitted by us in these Terms or in any other agreement you enter into with us, you will have no rights to such income, goodwill or value. You further acknowledge that, except as specifically permitted by us in these Terms or in any other agreement you enter into with us, you (i) will not be entitled to receive revenue or other consideration for any User Content (as such term is defined below). ) or your use of any musical works, sound recordings or audiovisual videos made available to you on or through the Services, including in any User Content created by you, and (ii) you are prohibited from exercising any rights to monetize or obtain any consideration for any User Content within the Services or on any third-party services (for example, you may not claim User Content that was 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 for purposes of accessing tuintichat Content solely for your personal, non-commercial use through your use of the Services and solely in compliance with these Terms. tuintichat reserves all rights not expressly granted herein in the Services and tuintichat Content. You acknowledge and agree that tuintichat may terminate this license at any time with or without cause. NO RIGHTS ARE GRANTED UNDER LICENSE WITH RESPECT TO SOUND RECORDINGS AND THE MUSICAL WORKS INCLUDED THEREIN THAT MAY BE MADE AVAILABLE FROM OR THROUGH THE SERVICE.
You acknowledge and agree that when you view content provided by others on the Services, you do so at your own risk. The content on our services is provided for general information only. It is not intended to be advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any act in reliance on content on our Services. We make no representations or warranties, express or implied, that any Tuintichat 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 to you for informational purposes only. We have no control over the content of such sites or resources. Such links should not be construed as an endorsement by us of the linked websites or information you may obtain from them. You acknowledge that we have no obligation to screen, monitor, review, or edit any content posted by you or other users on the Services (including User Content). B. User Generated Content
Users of the Services are permitted to upload, post or transmit (by streaming) or otherwise make available content through the Services, including, without limitation, any text, photographs, user videos, sound recordings and the works incorporated into the Services, including videos that incorporate locally stored sound recordings from your personal music library and ambient noise (the “User Content”. Users of the Services may also extract all or part of the User Content created by another user to produce additional User Content, including User Content in collaboration 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 in the “Virtual Items Policy”) and other elements provided by tuintichat (the “tuintichat Elements”) on your User Content and transmit this User Content through the Services. The information and materials in User Content, including User Content that includes tuintichat Elements, have not been verified or approved by us. Opinions expressed by other users about the Services (including through the use of virtual gifts) do not represent our opinions or values. When you access or use a tool that allows you to upload or transmit User Content through the Services (including through certain third-party social media platforms, such as Instagram, Facebook, YouTube, Twitter), or make contact with other users of the Services, you must comply with the rules established in “Your Access and Use of Our Services” above. You may also choose to upload or transmit your User Content, including User Content that includes tuintichat Elements, on sites or platforms hosted by third parties. If you choose to do so, you must comply with their content guidelines, as well as the rules set forth in “Your Access and Use of Our Services” above. You warrant that any Submission complies with such standards and you will be liable to us and indemnify us for any breach of such warranty. This means that you will be liable for any loss or damage we suffer as a result of your breach of your 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 any User Content to us that you consider to be confidential or proprietary. When you provide User Content through the Services, you agree and represent that you own the User Content, or have received all necessary permissions, clearances from, or are authorized by, the owner of any such content to submit it. to the Services, transmit it from the Services to other third party platforms, and/or adopt any third party content. If you own only the rights in and to a sound recording, but not the underlying musical works embodied in such sound recordings, then you must not post such sound recordings to the Services unless you have all appropriate permissions, clearances, and of, or has been authorized by, the owner of any content to submit it to the Services. You or the owner of your User Content will continue to own the copyright in the User Content you submit to us, but by submitting User Content through the Services, you hereby grant us an unconditional and irrevocable license, not exclusive, royalty-free, fully transferable, perpetual worldwide right to use, modify, adapt, reproduce, make derivative works of, publish and/or transmit and/or distribute and license 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, now known or hereafter invented. In addition, you grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any User Content you own.
For the avoidance of doubt, the rights granted in the preceding paragraphs of this Section include, without limitation, the right to reproduce sound recordings (and to make mechanical reproductions of the musical works embodied in such sound recordings) and to perform publicly and for communicate sound recordings (and musical works incorporated therein) to the public royalty-free. This means that you grant us the right to use your User Content without obligation to pay royalties to any third party, including, without limitation, a sound recording copyright owner (for example, a record company), a musical works copyright owner (for example, a music publisher), a performing rights organization (for example, ASCAP, BMI, SESAC, etc.) (a “PRO”) English”), 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. Specific Rules applicable to Musical Works and Record Label Artists. If you are a composer or author of a musical work and are affiliated with a PRO, then you must notify your PRO of the royalty-free license you grant to us through these Terms in your User Content. You are solely responsible for ensuring your compliance with the reporting obligations of the applicable PRO. If you have assigned your rights to a music publisher, then you must obtain that music publisher's consent to grant the royalty-free license provided for in these Terms in your User Content or cause such music publisher to enter into these Terms. with us. Simply because you are the author of a musical work (for example, by writing a song) does not mean that you have the right to grant us the licenses in these Terms. If you are a record label artist under contract to a record company, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you may have to your record company, including if you create any new recordings through the Services that may be claimed by your record company. Broadcasting Rights to the Public. Any rights you grant in your User Content in these Terms are granted to be publicly transferable, which means that the owners or operators of the third party services will have no independent liability to you or any other third party for the User Content posted or used on such external service through the Services. Waiver of Rights to User Content. By posting User Content on 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 and 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 not to assert any and all moral rights, nor to support, sustain or permit any action based on any moral rights you may have or with respect to any User Content you Post on 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 privacy rights. We, or authorized third parties, reserve the right to cut, crop, edit, or refuse to post, your content at our or their sole discretion. We have the right to remove, block or remove any posting you make on our Services if, in our sole discretion, it does not meet the content standards set forth in “Your Access to and Use of Our Services” above. In addition, we have the right – but not the obligation – in our absolute discretion, to remove, disable, block or delete any User Content (i) that we believe violates these Terms, or (ii) in response to complaints from other users. or third parties, with or without notice and without liability to you. As a result, we recommend that you save copies of any User Content you post to the Services on your personal device(s) in the event that you wish 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 public on the Services to all other Users of the Services, or made available only to those you approve. To restrict access to your User Content, you must choose the privacy settings available within the Platform. We do not assume any responsibility with respect to any content submitted by users and published by us or by authorized third parties.
If you find inappropriate content that violates our Community Guidelines, or if you have any other issues you'd like to raise, you can submit a report to us.
tuintichat takes reasonable steps to immediately remove from our services any infringing material that we become aware of. It is the intent of the tuintichat Policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users of the Services who repeatedly infringe the copyrights or intellectual property rights of others. While our own staff is continually working to develop and test our own product and feature ideas, we pride ourselves on paying due attention to the interests, feedback, comments, and suggestions we receive from the user community. If you choose to contribute by submitting to us, or our employees, any ideas for products, services, features, modifications, enhancements, content, refinements, technology, content offerings (such as audio, visual content, games or other types of content), promotions, strategies or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, "Feedback"), then, notwithstanding what your accompanying communication may say, the following terms shall apply. , so that future misunderstandings can be avoided. Accordingly, by submitting Feedback to us, you agree that: tuintichat is under no obligation to review, consider, or implement your Feedback, or to return all or any portion of any Feedback to you for any reason;
ii. Feedback is provided on a non-confidential basis, and we are under no obligation to keep any Feedback you submit to us confidential or to refrain from using or disclosing it in any way; Y
iii. You irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works from, modify, publicly perform (including by way of transmission to the public), communicate to the public, make available, publicly broadcast, and for any other use and to exploit the Feedback and derivatives thereof for any purpose without restriction, free of charge and without the need for attribution of any kind, including making, using, selling, offering for sale, importing and promoting commercial products and services that incorporate or that contain the Feedback, in whole or in part, and in the state in which it was provided or modified.8. Compensation You agree to defend, indemnify and hold harmless tuintichat, its parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents and advisors for any and all claims, liabilities, costs and expenses, including, without limitation, attorneys' fees and expenses, arising from a violation of these Terms by you or any user using your account, or from a breach of your obligations, representations, and warranties under these Terms. 8. Compensation
You agree to defend, indemnify and hold harmless tuintichat, its parents, subsidiaries and affiliates, and each of their respective officers, directors, employees, agents and advisors for any and all claims, liabilities, costs and expenses, including, without limitation, attorneys' fees and expenses, arising from a violation of these Terms by you or any user using your account, or from a breach of your obligations, representations, and warranties under these Terms. 9. EXCLUSION OF WARRANTIES
NOTHING IN THESE TERMS SHALL AFFECT ANY STATUTORY RIGHTS WHICH YOU MAY NOT CONTRACTUALLY AGREE OR WAIVE AND TO WHICH YOU WILL ALWAYS BE ENTITLED AS A CONSUMER.
THE SERVICES ARE PROVIDED "AS IS" AND WE MAKE NO WARRANTIES OR REPRESENTATIONS TO YOU WITH RESPECT TO THE SERVICES. IN PARTICULAR, WE DO NOT REPRESENT OR WARRANT THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS;
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; NEITHER
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 REGARDING SATISFACTORY QUALITY, FITNESS FOR ANY PURPOSE, OR COMPLIANCE WITH THE DESCRIPTION) SHALL APPLY TO THE SERVICES, EXCEPT TO THE EXTENT EXPRESSLY STATED IN THESE TERMS. WE MAY MODIFY, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PORTION OF OUR PLATFORM FOR BUSINESS OR 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 LEGALLY 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 AND FALSE STATEMENTS. SUBJECT TO THE PRECEDING PARAGRAPH, WE WILL NOT BE LIABLE TO YOU FOR:
(I) ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL; (III) ANY LOST OPPORTUNITIES; (IV) ANY DATA LOSS SUFFERED BY YOU; OR (V) ANY INDIRECT OR CONSEQUENTIAL LOSS THAT MAY HAVE BEEN INCURRED BY YOU. ANY OTHER LOSS WILL BE LIMITED TO THE AMOUNT PAID BY YOU TO tuintichat WITHIN THE LAST 12 MONTHS. ANY LOSS OR DAMAGE THAT MAY BE INCURRED BY YOU AS A RESULT OF:
ANY RELIANCE 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 WE MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY SUSPENSION OF THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
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;
FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;
OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT INFORMATION SECURE AND CONFIDENTIAL;
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR YOUR NATIONAL AND PRIVATE USE. YOU AGREE THAT YOU WILL NOT USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION OR LOST BUSINESS OPPORTUNITY. IF DEFECTIVE DIGITAL CONTENT WE HAVE PROVIDED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL REPAIR THE DAMAGE OR PAY YOU A COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR ANY DAMAGE YOU MAY HAVE AVOIDED BY FOLLOWING OUR ADVICE TO INSTALL AN UPDATE OFFERED TO YOU FREE OF CHARGE, OR FOR ANY DAMAGES CAUSED BY YOU BY FAILING TO PROPERLY FOLLOW THE INSTALLATION INSTRUCTIONS, OR BY NOT HAVE IMPLEMENTED THE MINIMUM SYSTEM REQUIREMENTS RECOMMENDED BY US. THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT YOU WERE ADVISED, OR SHOULD KNOW, OF THE POSSIBILITY OF ANY SUCH LOSSES.
YOU ARE RESPONSIBLE FOR ANY TELEPHONY CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING CHARGES FOR TEXT MESSAGING AND DATA USE. IF YOU ARE NOT SURE ABOUT THE CONCEPT OF SUCH CHARGES, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH A THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TELECOMMUNICATIONS SERVICES OPERATOR, COPYRIGHT OWNER, OR OTHER USER , IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU RELEASE US AND OUR AFFILIATES, IRREVOCABLY, FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF ANY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF, OR IN ANY WAY RELATED TO SUCH DISPUTES. 11. Other Terms
a. Applicable Law and Jurisdiction. Subject to the Supplemental Terms – Jurisdiction Specific, these Terms, their subject matter and their constitution, are governed by the laws of Singapore. Any dispute arising out of or related to these Terms, including any question regarding the validity, validity or termination of these Terms will be submitted to and finally resolved by arbitration administered by the Singapore International Arbitration Center (“SIAC”). in accordance with the Arbitration Rules of the Singapore International Arbitration Center (the “SIAC Rules”) then in force, which rules shall be deemed to be incorporated by reference into this clause. The seat of arbitration shall be Singapore. The Court will be made up of three (3) arbitrators. The language of the arbitration shall be the English language. b. Open Source. The Platform contains certain open source software. Each piece of open source software is subject to its own corresponding license terms, which you can review in the Open Source Policy. c. Entire Agreement. These Terms (including the Supplemental Terms set forth below) constitute the entire legal agreement between you and tuintichat and govern your use of the Services and completely supersede any prior agreements between you and tuintichat regarding the Services. d. Links. You may link to our home page, provided that doing so in a reasonable and legal manner will not damage our reputation or take advantage of it. You must not place 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 place any link to our Services on any website that is not owned by you. The website to which you link must comply in all respects with the content standards set forth in “Your Access to and Use of Our Services” above. We reserve the right to withdraw any linking permission without notice. and. Age limit. The Services are only for persons who are 18 years of age or older (with additional limits that may be established in the Supplemental Terms – Jurisdiction Specific). By using the Services, you confirm that you are above the applicable age stated herein. If we learn that someone under the applicable age listed above is using the Services, we will close that user's account. F. No waivers. Our failure to insist on compliance with any provision of these Terms shall not be construed as a waiver of any provision or a waiver of any right.
g. Security. We do not guarantee that our Services will be secure or free from errors or viruses. You are responsible for configuring your information, technology, computer programs and platform to access our Services. You must use your own virus protection software. h. Divisibility. If any court of law, having jurisdiction to decide on this matter, determines that any provision of these Terms is invalid, then that provision will be severed from the Terms without affecting the remaining Terms, and the other provisions of the Terms will continue. being valid and enforceable. Yo. Do you have questions? Contact us at:phoenixfashionn@yahoo.com
Supplemental Terms – App Stores
To the extent permitted by applicable law, the following supplemental terms will apply when accessing the Platform through specific devices: Notice regarding Apple.
These Terms are entered into between tuintichat and you; Apple is not a party to these Terms. The license granted to you hereby is limited to a personal, limited, non-exclusive, non-transferable right to install the Platform on Apple-authorized Apple devices that you own or control for your personal, non-commercial use, subject to the Usage Rules set forth in the Apple App Store Terms of Service. Apple is not responsible for the Platform or the content thereon and is under no obligation to provide any maintenance or support services with respect to the Platform. In the event of any breach by the Platform of any applicable warranty, you may notify Apple, and Apple will refund to you the purchase price of the Platform, if any. To the fullest extent permitted by any applicable law, Apple will have no other warranty obligation with respect to the Platform. Apple is not responsible for addressing any claims by you or any 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 does not comply with any applicable legal or regulatory requirement; and (c) claims arising from consumer protection legislation or any similar legislation. In the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, Apple will not be responsible for the investigation, defense, settlement or discharge of such infringement claim. intellectual property. 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 country that “supports terrorist acts ”; and (b) is not listed on any US 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 the Terms against you as the third party beneficiary thereof. GooglePlay. 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 there is any conflict between (a) the Google Play Terms of Services and the Google Play Business and Program Policies or such other terms as Google designates as the default end user license terms for Google Play (the all of which, together, shall be referred to as the "Google Play Terms"), and (b) the other terms and conditions set forth 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 shall have no liability in connection with the compliance or non-compliance by tuintichat or you (or any other user) under these Terms or the Google Play Terms.
Supplemental Terms - Specific Jurisdiction United States of America (USA, Mexico or Rest of the world) If you use our Services, the following additional terms will apply. In the event of a conflict between the following additional terms and the provisions of the main body of these Terms, the following terms will prevail. If you are under the age of 18, you may not use the Services or you may only use the Services with the consent of your parent or legal guardian. Please make sure your parent or legal guardian has reviewed, discussed and agreed to these Terms with you.