Terms of Service

1.1

TJUNKS B.V. (TJUNKS “we” or “us”) provides content streaming and social networking services for the sharing of content on the Internet and mobile devices by our users through our website accessible at www.tjunks.tv (the “Site”) and software you are installing on your mobile device collectively referred to as "the Services". These Terms of Service (“Terms”) govern your access to and use of the Services, and any information, text, graphics, photos, videos, sounds, music, or other materials posted or uploaded (“User Submissions”), downloaded or appearing on the Services (collectively referred to as “Content”). These Terms are a legal agreement between you and TJUNKS and apply to you whether you are a “Member” (defined below) or a visitor just browsing the site (collectively referred to as “Users”). Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms;

1.2

You may not use the Services in any other way than the use which is explicitly permitted in these Terms. TJUNKS hereby grants you permission to access and use the Service, subject to the following express conditions, and you agree that your failure to any of these conditions shall constitute a breach of these Terms on your part. Please read the following important Terms carefully.


Changes to the Terms

2.1

TJUNKS reserves the right, in its sole discretion, at any time to modify or replace these Terms without advance notice. The modified or replaced Terms will be effective after they are posted on the Site. It is your responsibility to check the Terms periodically for changes. If any modified terms and conditions are not acceptable to you, your sole remedy is to cease using the Site and Services, and if applicable, cancel your TJUNKS account;

2.2

You will not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of TJUNKS. All of our rights and obligations under these Terms are freely assignable by TJUNKS in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.


Your TJUNKS Account

3.1

In order to access certain features of the Site and Services, and to post User Submissions, you will have to create a TJUNKS account and become a “Member”. When creating your account, you must provide accurate, complete and up-to-date information. You will not provide any false personal information on TJUNKS, or create an account for anyone other than yourself;

3.2

You may not do any of the following: (i) transfer your account to anyone without first getting our written permission; (ii) use TJUNKS if you are under 13 years; (iii) use your account for commercial gain; (iv) use TJUNKS if you are a convicted sex offender;

3.3

If you select a username for your account we reserve the right to remove or reclaim it if we believe appropriate. If we disable your account, you will not create another one without our permission. It is important  that you must keep your TJUNKS account password secure and confidential. You must notify TJUNKS immediately of any breach of security or unauthorized use of your TJUNKS account that you become aware of. You agree that you will be solely responsible for all activity that occurs under your TJUNKS account.


Privacy

4.1

Any information that you provide to TJUNKS is subject to our Privacy Policy, which governs our collection and use of your information. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to The Netherlands and/or other countries for storage, processing and use by TJUNKS.


Safety

5.1

You may not do any of the following while accessing or using the Services: (i) upload or otherwise post unauthorized commercial communications (such as spam) on TJUNKS; (ii) upload content that: is hateful, threatening or incites violence, is pornographic or contains nudity; (iii) upload viruses or other malicious code; (iv) collect users' content or information, or otherwise access TJUNKS, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission; (v) solicit login information or access an account belonging to someone else; (vi) bully, intimidate, or harass any user; (vii) use TJUNKS to do anything unlawful, misleading, malicious, or discriminatory; (viii) do anything that could disable, overburden, or impair the proper working of TJUNKS; (ix) facilitate or encourage any violations of this Statement.


Content

6.1

You understand and agree that you are solely responsible for your own Content and the consequences of posting or uploading it. TJUNKS does not endorse any Content or any opinion, recommendation, or advice expressed therein, nor does TJUNKS guarantee any confidentiality with respect to Content;

6.2

You represent and warrant that you have all necessary licenses, rights, consents, and permissions which are required to enable TJUNKS to use your Content for the purpose of the provisions of the Service by TJUNKS;

6.3

TJUNKS has no ability to control the User Submissions that are uploaded, posted or otherwise transmitted using the Site or Services and does not have any obligation to monitor such User Submissions for any purpose and, as a result, is not responsible for the accuracy, completeness, appropriateness, legality or applicability of the User Submissions or anything said, depicted or written by Members, including without limitation any information obtained by using the Site;

6.4

You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Content, User Submissions or related products and services and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Site, Content, User Submissions;

6.5

You agree that you will not post or upload any Content which contains material which it is unlawful for you to possess, or which it would be unlawful for TJUNKS to use or possess in connection with the provision of the Service;

6.6

On becoming aware of any potential violation of these Terms, TJUNKS reserves the right (but shall have no obligation) to decide whether content complies with the content requirements set out in these Terms and may remove such Content and/or terminate a User’s access for uploading Content which is in violation of these Terms at any time, without prior notice and at its sole discretion;

6.7

TJUNKS shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting publishing or otherwise making available any User Submissions, emails or other materials that are believed to violate the Terms of Service.


Lifetime of Content

7.1

TJUNKS greatly values the “freshness” of video on it's platforms, in order to deliver an "up to date" experience for all it's users. For this purpose TJUNKS provides you the ability to set a video lifetime to each recorded video. You understand and agree that  uploaded videos when becoming older than the selected video lifetime, will automatically be disabled and unlisted from your user profile, unless TJUNKS decides otherwise. Upon creating a User Account the Video Lifetime is set to 3 months, by default. Videos that are uploaded, using one of TJUNKS mobile applications, will also be stored and saved to the “camera roll” of the used (mobile) device itself, which means a user will have a backup of the uploaded video, although TJUNKS does not, and cannot, guarantee that this video will we stored and saved on the (mobile) device at all times.


Feedback

8.1

We always appreciate your feedback or other suggestions about TJUNKS, but you understand that we may use them without any obligation to compensate you for them. Just as you have no obligation to offer them.


Third Party Links

9.1

The Site may provide links to third party websites or resources from the Site. You acknowledge and agree that TJUNKS is not responsible or liable for the availability or accuracy of, and TJUNKS does not endorse, such websites or resources or the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.


Costs

10.1

You understand and accept that you are sole responsible for all costs involved with using the Services, including but not limited to the costs involved with the use of (mobile) devices, the use of mobile internet and roaming, and taxes connected to your use of the service.


Termination

11.1

TJUNKS reserves the right to terminate the Site, Services or your access thereto at any time and for any reason. TJUNKS may immediately terminate or suspend your access to the Site and Services and remove any material (including User Submissions) from the Site or our servers, in the event that you breach these Terms;

11.2

In addition, TJUNKS may notify authorities or take any actions it deems appropriate, without notice to you, if TJUNKS suspects or determines, in its own discretion, that you may have or there is a significant risk that you have: (i) failed to comply with any provision of these Terms or any policies or rules established by TJUNKS; or (ii) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, TJUNKS Users, TJUNKS or any other third parties or the Site or Services;

11.3

Upon any termination or suspension, any information (including user submissions) that you have submitted on the site or that which is related to your account may no longer be accessed by you. Furthermore, TJUNKS will have no obligation to maintain any information stored in our database related to your account or to forward any information to you or any third party;

11.4

After any termination, you understand and acknowledge that we will have no further obligation to provide the Services. Upon termination, all licenses and other rights granted to you by these Terms will immediately cease. TJUNKS is not liable to you or any third party for termination of the Services or termination of your use of the Services;

11.5

You may terminate your TJUNKS account at any time and for any reason by selecting "Disable account" in your account Settings.  After disabling your user account, your user profile shall be unlisted and, your videos will no longer be accessible;

11.6

Any suspension, termination or cancellation will not affect any provisions these Terms, which by their sense and context are intended to survive such suspension, termination or cancellation. These provisions include, but are not limited to, provisions regarding intellectual property, warranty disclaimers, limitations, indemnification, waiver and severability and applicable law.


Intellectual Property

12.1

You own all the content and information you upload or post on TJUNKS. However, you hereby grant TJUNKS a non-exclusive, worldwide, royalty-free, sub-licensable, perpetual and irrevocable right and license to use, reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast and otherwise exploit such User Submissions in any form, medium or technology now known or later developed, including without limitation on the site, mobile applications and third party websites;

12.2

TJUNKS will own all right, title and interest in and to all derivative works and compilations of User Submissions that are created by TJUNKS, including all worldwide intellectual property rights therein;

12.3

With the exception of Content submitted to the Service by you, all other Content on the Service is either owned by or licensed to TJUNKS, and is subject to copyright, trade mark rights, and other intellectual property rights of TJUNKS. Any third party trade or service marks present on Content not uploaded or posted by you are trade or service marks of their respective owners. Such Content may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purpose whatsoever without the prior written consent of TJUNKS.


Warranty Disclaimer

13.1

You agree that your use of the Service shall be at your sole discretion and risk. Although TJUNKS provides the Service with reasonable care and skill, you understand and accept that the Services are provided “as is” and “as available”;

13.2

To the fullest extent permitted by law, TJUNKS, it’s officers, directors, employers, and agents disclaim all warranties of any kind, express, implied or statutory, relating to the site, services, content and user submissions, including without limitation; (i) warranties of title, merchantability, fitness for a particular purpose, non infringement of proprietary rights, course of dealing or course of performance; (ii) warranties that the Services are error free or that any errors will be corrected; (iii) a warranty regarding the security, reliability, timeliness and performance of the Site or that access to the Service is continuous or uninterrupted; (iv) a warranty that your use of the Service live up to your expectations or will meet your requirements;

13.3

The above mentioned disclaim of warranty also applies to (later) information obtained by you from TJUNKS, weather oral or written, or through the service, even if it is obtained in the form of an advice from TJUNKS.


Limitation of Liability

14.1

In no event will TJUNKS, its officers, directors, employees or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any: (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the website; (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruptions or cessation of transmission to or from our website; (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or  through our website by any third party; (vi) and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory;

14.2

The limitations on TJUNKS liability to you shall apply whether or not TJUNKS has been advised of or should have been aware of the possibility of any such losses arising.


Indemnification

15.1

You agree to defend, indemnify, and hold TJUNKS, its parent corporation, its officers, directors, employees and agents, harmless from and against any claims, damages, liabilities, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Site, Services, Content and User Submissions; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any intellectual property right, confidentiality, publicity, property or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party, including without limitation claims that your User Submissions are infringing.


Waiver and Severability

16.1

The failure of TJUNKS to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.


Applicable Law

17.1

These Terms are governed by, and shall be construed in accordance with Dutch law. Any disputes relating thereto will exclusively be held before the competent Court of Amsterdam. In the event that any provisions in this agreement is held to be invalid or unenforceable, that provision will be construed to reflect the parties’ original intent and all remaining provisions will remain in full force and effect.


Entire Agreement

18.1

These Terms are the entire and exclusive agreement between TJUNKS and you, and supersede and replace any prior agreements between TJUNKS and you regarding the Site and Services.


Disclosure

The Services are provided by TJUNKS B.V., located at the Nieuwe Prinsengracht 118-1, 1018 VX, Amsterdam, The Netherlands, email: info@tjunks.com. If you are a Dutch resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information



If you have any questions about these Terms, please contact us.



Effective: March 22 ,2012