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Cuez Terms of Use

Cuez – Terms of Use 

 

2-minute-read summary

You find Terms of Use long, difficult and full of legalese? We do too. However, we find it important to inform you about the way you can make use of our services. 


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?

  • To use CUEZ, you must accept our Terms of Use. They set out the rules for using 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 violate our Terms of Use, you risk being not allowed to use CUEZ anymore.
  • If you need technical support, you can always send us an email at support@tinkerlist.tv.

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.
  • Our Terms of Use may be updated from time to time, we advise you to check them regularly!

Want to know more? Then we invite you to read our entire Terms of Use, where everything is explained in detail!

 

DISCLAIMER: We recommend that you read these Terms of Use carefully before using CUEZ. By clicking on the “I Agree to the Terms of Use” button, You agree that Your use of CUEZ is governed by these Terms of Use. We encourage you to keep and print a copy of these Terms of Use for future reference.

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.

Content

 

  1. Applicability 3
  2. Use of the Services 3
  3. License – Restrictions 4
  4. Intellectual Property Rights 5
  5. Suspension 6
  6. Support 6
  7. Privacy and Protection of Your Personal Data 6
  8. Free Version 6
  9. Liability 7
  10. Guaranties and disclaimers 8
  11. Updates or changes to our Terms of Use and/or our Services 9
  12. Duration and Termination 10
  13. Varia 10

Annex 1.     Definitions 12

 

1. Applicability

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“).

These Terms of Use set out how You can use CUEZ. By using CUEZ in any way whatsoever, You agree to be bound by these Terms of Use. These Terms of Use apply in any way that You use to gain access to CUEZ.

 

1.2 These Terms of Use constitute a legally binding agreement between TinkerList and you (hereinafter “You” or “User“) and apply to Your use of CUEZ By using any part of CUEZ, You acknowledge and agree that Your use CUEZ is governed solely by these Terms of Use. If You do not agree to any provision of these Terms of Use, You are not entitled to (continue to) use CUEZ in any way or to grant Yourself access to it. 

1.3 You declare and warrant that You have the necessary legal capacity to agree to and accept these Terms of Use.

1.4 The definitions that apply to these Terms of Use are defined in Annex 1.

 

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

4.1. CUEZ and the Documentation made available to You are the exclusive property of TinkerList. All rights in, on and pertaining to CUEZ or the Documentation not expressly granted to You in these Terms of Use are reserved by TinkerList.

4.2. We hereby grant You a personal, revocable, non-exclusive, non-transferable, non-sublicensable right to use CUEZ for the duration of the agreement, in accordance with these Terms of Use. 

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;  

b) distribute, sell, rent, sublicense, lease, lend, distribute or otherwise transfer CUEZ or any part of it to a Third Party, except as expressly permitted under these Terms of Use;

c) use CUEZ for time-sharing, hosting, providing services or similar purposes, except as expressly permitted under these Terms of Use;

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.

4.5. We reserve the right, but have no obligation, to monitor and remove any User content that is deemed to violate the provisions of the Terms of Use or to be inappropriate, or that violates the rights of Third Parties or applicable laws or regulations.

 

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.

5.2. All rights in, on and pertaining to CUEZ and/or the Documentation that are not expressly granted to the User in these Terms of Use are reserved by TinkerList. Except as expressly provided herein, no express or implied license is granted to the User with respect to CUEZ and/or the Documentation or any part thereof, including any right to obtain any source code, data or other technical material relating to CUEZ. 

 

6. Suspension

6.1. If, in our sole discretion, we learn or suspect that You are violating these Terms of Use or any other instructions, guidelines or policies (including, but not limited to, the Privacy Notice) issued by TinkerList, we may suspend or restrict Your access to CUEZ. Any such suspension will continue until You have remedied the breach that led to the suspension.

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. Support

7.1. If You need technical support, you can make use of the customer support tool incorporated in CUEZ or contact us at support@tinkerlist.tv. 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. Liability

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.

10.3. You agree that on the basis of these Terms of Use we can only be held liable to the extent that the damage suffered by You can be directly attributed to TinkerList. For the avoidance of doubt, TinkerList cannot be held liable for claims resulting from:

  • 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.

10.4. To the fullest extent permitted by applicable law, TinkerList shall not be liable to any Third Party for any special, indirect, exemplary, repressive, incidental or indirect damages of any kind, including, but not limited to, damages or costs resulting from loss of profits, data, income, goodwill, of the purchase of replacement services or of damage to property arising from the Services that fall under these Terms of Use, including, but not limited to miscalculations or use, misuse of the Services or the inability to use the Services, regardless of the cause of the claim or the theory of liability – on the grounds of unlawfulness, contractually or otherwise -, even though we have been informed of the probability of such damage. 

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.

10.7. To the fullest extent permitted by applicable law, TinkerList’s liability under these Terms of Use in respect of each cause of damage shall not exceed all Fees paid by Your Organisation for a period of six (6) months applicable at the date of the event (or last of the series of connected events) giving rise to any claims.

10.8. To the fullest extent permitted by applicable law, TinkerList’s liability under these Terms of Use with regards to the Freemium Version shall not exceed € 500,00 in respect of any cause of damage.

 

10.Guaranties and disclaimers

I. By TinkerList

11.1. Except as expressly provided in these Terms of Use and to the extent permitted by applicable law, the Results are provided “as is”. We do not provide (and hereby reject) all other warranties, covenants and/or representations and conditions, whether or not written, oral, express or implied and without limitation, and all implied warranties regarding adequate quality, handling, trade use or practice, merchantability, usability, availability, title, non-infringement or fitness for a particular use or purpose, and this subject to the use, misuse or inability to use the Services provided to the User by us.

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;
  • Obtain for You a license to continue to use CUEZ and/or the Documentation in accordance with these Terms of Use;
  • 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:

  • Your breach or violation of any provision of these Terms of Use or any other instructions or policies;
  • 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.

11.7. We are under no obligation towards You to back up any User content and/or Results. You agree that the use of CUEZ in violation of these Terms of Use constitutes an unauthorized and improper use of the CUEZ.

 

12. Updates or changes to our Terms of Use and/or our Services

12.1. TinkerList reserves the right to at any time, with or without reason and without prior notice to or liability to You:

  • Amend, supplement or change these Terms of Use;
  • 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.

12.2. Any such changes, additions or modifications to the Terms of Use and/or CUEZ will become effective immediately upon being made available on CUEZ or upon notification to You.

By continuing to use CUEZ, You agree to the changes, additions or modifications made to the Terms of Use and/or CUEZ.

12.3. You do not have the right to modify, supplement or amend these Terms of Use in any way.

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.

12.5. We recommend that You check the Terms of Use regularly to ensure that You are aware of the most recent Terms of Use that You must respect.

 

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.

13.3. We may at any time terminate or suspend Your Account immediately, without prior notice or liability, in our sole discretion, for any reason and without limitation, including but not limited to a breach of the Terms of Use.

 

14. Varia

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.  

14.2. Entire Agreement – These Terms of Use, together with our Privacy Notice, constitute the entire agreement and understanding between You and us. These Terms of Use supersede all prior proposals, understandings and any other oral or written agreements between You and us relating to this subject matter.

14.3. Severability – If any provision of these Terms of Use is found by any court of competent jurisdiction to be unenforceable or invalid, the other provisions of these Terms of Use shall remain enforceable. The invalid and unenforceable provision will be deemed amended to be valid and enforceable to the fullest extent permitted by law.

14.4. Waiver – Failure to make a particular provision of the Terms of Use enforceable does not mean that it or any other provision will be waived.

14.5. Allocation – We may freely transfer or assign all or part of the rights and obligations described in these Terms of Use without Your consent and without notice to You.

You may not transfer these Terms of Use or any of your rights and obligations under these Terms of Use without TinkerList’s prior written consent.

These Terms of Use are binding on and for the benefit of the parties and their respective successors and assigns.

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.

 

If You have any further questions about CUEZ or these Terms of Use, please contact us at the following e-mail address: legal@tinkerlist.tv

These Terms of Use are provided electronically through CUEZ. A paper version is available on request via legal@tinkerlist.tv

 

Annex 1.     Definitions

 

The following definitions apply to these Terms of Use: 

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; 

2.12. “Terms of Use” refers to the current terms of use; 

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; 

 

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