That’s why we made this 2-minute-read summary to you. This summary will provide you with the necessary information and all you need to know in no-time!
First things first, what are our services?
- We offer CUEZ, a platform that streamlines the production workflow of television making, as well as other related services. CUEZ allow users to work collaboratively from the embryonal start of an idea until the moment of broadcasting and beyond.
When can you use our services?
- You must also agree and consent to our Privacy Notice. The personal data you share with us always remains your property and TinkerList will only use it to provide the services to you. For more information on this subject, we invite you to have a look at our Privacy Notice.
- Before you can use CUEZ, you must have been invited by an admin who will create your account. Only then will you be able to register in order to make use of CUEZ.
How can you use our services?
- You may only use CUEZ as it is intended to be used. Together with us, you are responsible for the confidentiality of your use of our services.
- If you need technical support, you can always send us an email at email@example.com.
Also important to know:
- TinkerList will always remain the owner of the services and of all related intellectual property rights, you will always remain the owner of your data.
- TinkerList can only be held liable for damages directly attributed to us.
- TinkerList will not be liable for any content you upload, create or edit through our services.
In order to use CUEZ, you must first read and agree to our Privacy Notice. It is prohibited to use CUEZ without first accepting our Privacy Notice.
- Applicability 3
- Use of the Services 3
- License – Restrictions 4
- Intellectual Property Rights 5
- Suspension 6
- Support 6
- Privacy and Protection of Your Personal Data 6
- Free Version 6
- Liability 7
- Guaranties and disclaimers 8
- Duration and Termination 10
- Varia 10
Annex 1. Definitions 12
1.1 CUEZ is owned and managed by TinkerList.TV bvba, a private limited company under Belgian law, with registered office at Sluisstraat 79 /03.01, 3000 Leuven, Belgium, registered with the Crossroads Bank for Enterprises, under company number 0564.886.527 (hereinafter “TinkerList“).
2. Description of the Services
2.1. Our Services consist of CUEZ, a web-based platform that streamlines the production workflow of television making, as well as other services related to CUEZ. Using CUEZ allow Users to work collaboratively from the embryonal start of an idea until the moment of broadcasting and beyond.
2.2. In order to use CUEZ, the following steps must be taken:
- The admin of Your Organisation will invite You to CUEZ and will create Your Account. To create Your Account, a correct, accurate and current email address needs to be filled in. The retention and/or use of Your Personal Data by Us is subject to our Privacy Notice. If You are the admin of Your Organisation, Your Account will be created by TinkerList;
- You are only entitled to an Account if You are a “natural person”;
- When using CUEZ for the first time, you can access the platform through the link received in Your mailbox and initiate the onboarding process;
- With Your unique combination of e-mail address and the password set during the onboarding process (“Login Details”), You can access Your Account on CUEZ.
3. Use of the Services
3.1. CUEZ can only be used by natural persons who are at least 18 years old.
3.2. With regard to the use of CUEZ, each User is obliged to:
- comply with the provisions laid down by law, regulation, decree, ordinance or decision of the federal, regional, local or international authorities;
- refrain from manipulating the information provided, in any way whatsoever or using any technique;
- not to send any data, messages or documents in any way via CUEZ, or to load any data or documents via CUEZ:
- in which the rights (including, but not limited to, moral rights or Intellectual Property Rights) of Third Parties and/or TinkerList are violated;
- of which the content is damaging, defamatory, violent, unlawful, obscene or degrading or in which the privacy of Third Parties is violated;
- whose use or possession by the User is prohibited by law or by agreement;
- that contain viruses or instructions that could cause damage to TinkerList and/or CUEZ and/or could impede or disrupt the services provided via CUEZ.
3.3. In order to use CUEZ, You must dispose of a stable Internet connection. You bear the sole responsibility for any telecommunications of computer network equipment required to use CUEZ.
3.4. You are jointly responsible for the security and confidentiality of Your Login Details. To help protect You from unauthorized access to Your Account, You are advised to keep Your Login Details safe and secure. Do not disclose Your Login Details to Third Parties. We also recommend that You log out of Your Account at the end of each session.
3.5. You are fully responsible for all activities You perform under Your personal Account. You agree to notify us immediately in the event of any unauthorized use of Your Account or any other breach of security. We cannot be held liable for any loss or damage resulting from failure to comply with the above requirements.
4. License – Restrictions
4.3. You, nor a Third Party, will under no circumstances:
a) decompile, disassemble or reverse engineer the software, or attempt to reconstruct or discover the source code, underlying ideas, algorithms, file formats or programming interfaces of CUEZ in any way;
d) change, remove or make unreadable any product identification, proprietary information, copyright notices, digital watermarks or other notices in or on CUEZ;
e) change or modify any part of CUEZ, create a derivative work from any part of CUEZ or integrate CUEZ into or with other software, except to the extent expressly permitted in writing by TinkerList;
f) provide Yourself with unauthorized access to TinkerList’s IT infrastructure or the structure to access CUEZ or to use CUEZ to perform or promote illegal activities;
g) use CUEZ to generate unwanted email advertisements or spam;
h) use an automatic, electronic, or manual high-volume process to access, search, or collect information about CUEZ (including but not limited to robots, spiders, or scripts);
i) pretend to be another person or entity;
j) intentionally distribute worms, Trojan horses, corrupt files or other destructive or deceptive elements or use the Services for unlawful, invasive, infringing, defamatory or fraudulent purposes;
k) to remove or otherwise circumvent technical and/or other protective measures incorporated in CUEZ.
4.4. By uploading, creating or otherwise transferring information, data or images through CUEZ and without prejudice to the provisions of our Privacy Notice, You grant us a non-exclusive, royalty-free, worldwide, sublicensable and transferable license to use, copy, store, modify, transmit and display such User content to the extent necessary to supplement and update CUEZ.
5. Intellectual Property Rights
5.1. Within the scope of the agreement between the User and TinkerList, CUEZ and all established and/or applicable, related or associated worldwide Intellectual Property Rights remain the exclusive property of TinkerList.
6.2. If Your Organisation fails to make a timely payment of the Fees due to TinkerList (if applicable), we may automatically suspend Your use CUEZ. Any such suspension by us will continue until Your Organisation has paid the abovementioned Fees.
7.1. If You need technical support, you can make use of the customer support tool incorporated in CUEZ or contact us at firstname.lastname@example.org. We will use reasonable efforts to answer your questions as soon as possible and to resolve Your technical problems with CUEZ, in accordance with the service-level agreement concluded with Your Organisation.
8. Privacy and Protection of Your Personal Data
8.1. Your privacy is very important to us and we will comply with all applicable laws when processing your personal data.
8.2. You will always remain owner of Your personal data. TinkerList only uses Your personal data in order to provide the Services to You.
8.3. In our Privacy Notice You will find more information on how we collect and process Your personal data.
Before using our Services, You must agree to our Privacy Notice.
9. Free Version
9.1. CUEZ can be used for a Fee or free of charge (“Freemium Version”). The Freemium Version disposes of certain core functionalities of CUEZ, but is to be considered a limited version of CUEZ where not all features and functionalities will be available.
10.1. All warranties, conditions and representations otherwise implied by applicable laws with respect to CUEZ are excluded to the fullest extent permitted by law and are rejected. In particular, we do not represent or warrant that CUEZ is error-free, free of viruses or other harmful components, or that defects will be corrected. In this respect, You must take Your own precautions. To the fullest extent permitted by law, TinkerList will in no event be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other protected material through Your use of CUEZ.
10.2. To the fullest extent permitted by law, TinkerList accepts no liability for any failure to maintain CUEZ and/or to deliver the content or to deliver it on time.
- Your unauthorized use of CUEZ;
- Your failure to use the latest version of CUEZ made available to You or Your inability to integrate or install any corrections we made to CUEZ;
- Your use of CUEZ in combination with products or services that do not belong to TinkerList;
- Any content processed through CUEZ in violation of applicable law and Third Party rights.
10.5. CUEZ may contain inaccuracies and typographical errors, including with respect to the Fees. We do not guarantee the accuracy or completeness of the content and features offered on CUEZ. In addition, we expressly reserve the right to correct any erroneous information that may be displayed on CUEZ.
10.6. In no event will TinkerList be liable for any damages resulting from Your acts or omissions on the basis of the content available on CUEZ. Nor can we be held liable for actions, errors, omissions, representations, warranties, violations or omissions of independent third party service providers.
10.Guaranties and disclaimers
I. By TinkerList
We don’t guarantee that:
- All errors can be corrected;
- The access to or the functioning of CUEZ will always be uninterrupted, safe and error-free;
- The information, including but not limited to the Results, that is available on CUEZ is true, complete and accurate.
11.2. You expressly acknowledge and agree that Your use of CUEZ and the Results are at Your own risk. You acknowledge and agree that there are risks associated with transmitting and storing information over the Internet and that TinkerList shall not be liable for any loss of data, including, but not limited to, the Results and all related User content.
11.3. As stipulated herein, we will indemnify and defend You against substantiated and well-founded claims from Third Parties to the extent that the claim is based on a violation of that Third Party’s Intellectual Property Rights by CUEZ and/or the Documentation and to the exclusion of claims that are the result of:
- Your unauthorized use of CUEZ;
- Modifications of CUEZ made by You or Third Parties;
- Your failure to use the latest version of CUEZ and/or the Documentation made available to You;
- Your inability to integrate or install corrections we made to CUEZ and/or the Documentation if we indicated that the update or correction was necessary to prevent a potential breach;
- Your use of CUEZ in combination with products or services that are not provided by TinkerList.
11.4. Any such indemnity obligation shall be subject to the following conditions:
- TinkerList must be informed immediately in writing of any such claim;
- We will determine the defence and settlement of any such claim at our sole discretion;
- At our request, You will cooperate fully with us in defending and settling any such claim at our expense;
- You do not make any representations about TinkerList’s liability in respect of any such claim, nor do You agree to any settlement in respect of such claim, without our prior written consent.
If these conditions are met, TinkerList will indemnify You for all damages and costs incurred by You as a result of any such claim, as awarded by a competent court of last instance or as agreed in the settlement with our prosecutors.
11.5. If, in Our reasonable opinion, CUEZ and/or the Documentation is likely to be the subject of an infringement claim by a Third Party, we reserve the right to, at our own discretion and expense:
- Make changes to CUEZ and/or the Documentation (or the (allegedly) infringing part thereof) so that the infringement no longer exists, while equivalent functionality is maintained;
- Terminate the agreement and pay You an amount equal to a pro rata portion of the Fees for that part of CUEZ that is the subject of the infringement.
II. By the User
11.6. You shall indemnify and hold TinkerList harmless from any claim, demand, loss, liability or damage of any kind, including reasonable attorneys’ fees, whether in tort or in contract, that they or any of them may face as a result of any claim by any Third Party with respect to:
- Content that is in violation of Third Party’s Intellectual Property Rights or in violation of applicable law;
- Fraud, deliberate deception or gross negligence on your part.
12.1. TinkerList reserves the right to at any time, with or without reason and without prior notice to or liability to You:
- Make changes to CUEZ. This also includes the removal or discontinuation, temporarily or permanently, of any service, feature, functionality or other characteristic of CUEZ without any liability to the User or any Third Parties; and/or
- Reject or discontinue Your use of and/or access to CUEZ in whole or in part, temporarily or permanently.
12.4. With respect to changes, additions and/or modifications to our Privacy Notice, You will be notified separately in accordance with the relevant provisions of our Privacy Notice.
13. Duration and Termination
13.1. The agreement will be effective from the time You create/register Your Account and will remain in effect until it is terminated or replaced by a new agreement, or, if none of these events occur, as long as You continue to use CUEZ. In the event that we choose to cease supplying CUEZ, or to grant a Third Party the right to supply CUEZ, we will notify You at least three months in advance.
13.2. We may terminate the agreement at any time if You provide inaccurate, incomplete or inaccurate information when subscribing to CUEZ or at any other time during the provision of our Services.
14.1. Force Majeure – We will not be liable for any failure or delay in the performance of our obligations with respect to CUEZ if such failure or delay is due to causes beyond our control, including but not limited to force majeure, war, strikes, lockouts, riots, epidemics, fire, line of communication failures, power outages, earthquakes, other catastrophes, unauthorised access to our information technology systems by Third Parties or for any other reason if our failure to comply with the obligations falls outside our reasonable control.
14.6. Notices – All notices intended to be received by You will be deemed delivered and effective when sent to the e-mail address You provided when subscribing to our Services. If you change this e-mail address, You will also need to change Your e-mail address on the personal settings page.
14.7. Survival – Articles 5, 8, 10, 11, 13 and 14.8 shall remain in force even after termination or expiry of the agreement.
14.8. Applicable law and jurisdiction – The agreement shall be governed exclusively by and construed in accordance with Belgian law and shall not be construed in accordance with any conflicting laws or regulations. The courts and tribunals of Leuven have exclusive jurisdiction if any dispute arises in relation to the Services.
Annex 1. Definitions
2.1. “Account” means your registered account that you have created through the onboarding process when first accessing CUEZ;
2.2. “CUEZ” means the web-based platform (and other related services) provided by TinkerList that streamlines the production workflow of television making;
2.3. “Delivery Date” means the date on which Your Organisation subscribed to CUEZ;
2.4. “Documentation” means the documents relating to the use of CUEZ that are made available to your Organisation by TinkerList;
2.5. “Fees” means the license fee an Organisation is required to pay TinkerList in order to use CUEZ;
2.6. “Intellectual Property Rights” means all currently known or later additional (a) copyrights, neighbouring rights and moral rights; (b) trademark or service mark rights; (c) trade secret rights, know-how, expertise; (d) patents, patent rights and industrial property rights; layout design rights, design rights; supplementary protection certificates; (f) trade and company names, domain names, database rights, rental rights and all other industrial and intellectual property rights or similar rights (whether registered or not); (g) all registrations, Services for registration, renewals, extensions, subdivisions, improvements or reissues relating to these rights and the right to apply, maintain and impose any of the foregoing, in any case and in any jurisdiction worldwide, for as long as this protection applies;
2.7. “Organisation” means the company, institution or any other organisation the User belongs to or is related to, that enables the User to make use of CUEZ through its contractual relationship with TinkerList;
2.8. “Personal Data” means any information about an identified or identifiable person;
2.9. “Privacy Notice” means the privacy notice of TinkerList regarding the processing of Personal Data in the context of CUEZ.
2.10. “Results” refers to the output generated through the CUEZ on the basis of the content entered and supplied by the User;
2.13. “Third Parties” means any natural or legal person or entity other than You or TinkerList;
2.14. “User” means a user of CUEZ;