Welcome to our Beta. Before you begin using the Tellie platform and the products, services, and features we make available to you as part of the platform (collectively, the “Service”), please read these Beta Terms of Service (“Agreement” or “Terms”), which govern solely during the Beta version of the Service in which you have been invited to participate. Clicking on the “Sign In” button or using the Service creates a binding contract between Strimmerz Media, Inc. (“Tellie,” “us,” or “we”) and you (“User” or “you”) and constitutes acceptance of all terms and conditions of this Agreement without modification.
1. Eligibility: You acknowledge and agree that you are an individual person at least 13 years old. Any registration, use, or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 18 years of age, you represent that you have your parent or guardian’s permission to use the Service. Please have them read this Agreement with you. If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service. If you are using the Service on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement. Tellie reserves the right to remove any User who is not eligible to participate in the Beta or who is otherwise not appropriate to participate as reasonably determined by Tellie.
3. License to use the Service: Tellie grants you a non-sublicensable, non-transferrable, non-exclusive, revocable, and limited license to access and use the Service in accordance with the terms of this Agreement and any other documentation and instructions Tellie provides, solely for testing purposes during the Beta.
4. Tellie Platform Ownership: As between you and Tellie, Tellie shall retain all title to and ownership of all technology developed and built on the Tellie platform including, but not limited to, all interactive code, modules, products, monetization services, and audience mechanics. You shall not: (1) reproduce (including, but not limited to, taking screenshots of) any part of the Tellie platform or viewing experience; (2) rent, sell, lease or otherwise transfer your Tellie account or any part thereof or use it for the benefit of a third party; or (3) reverse assemble, reverse compile, or reverse engineer any part of Tellie, or otherwise attempt to discover any Tellie source code or underlying Proprietary Information (as that term is defined below).
5. Content Responsibility: You are legally responsible for any content you submit to or make available through the Service, including videos you add into the player and all text entry, images, audio, videos, web embeds, or other information you add as branding or Tiles (defined below) (collectively, “Your Content”). Your Content must not include any third-party intellectual property (such as copyrighted material) unless you have permission from that party or are otherwise legally entitled to do so. Tellie retains the right to remove any portion of Your Content from the Service and/or terminate your Account if it deems that Your Content infringes the rights of a third party or is otherwise unlawful.
6. Content Ownership, License & Removal: You retain ownership rights in Your Content, which includes videos you add to the player and images you add to the branding and Tiles. By providing, uploading, or otherwise making Your Content available through the Service, you grant Tellie a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to display, reproduce, perform, and prepare derivative works from such content on Tell.ie. You also grant each other user of Tellie a non-exclusive, royalty-free license to access and interact with Your Content on Tellie, only as enabled by a feature of Tellie. For clarity, this license does not grant any rights or permissions for any other user to make use of Your Content independent of Tellie. You may remove Your Content at any time, though Tellie may retain some or all of Your Content if, in its sole discretion, it is required by law or to protect its legal rights.
7. Confidentiality: The Beta is designed to assist Tellie in analyzing, experimenting, improving, and testing certain features to provide the best experience to Users on the Tellie Platform. During the Beta, Tellie may disclose to you or you may have access to certain proprietary information owned or licensed by Tellie such as unreleased and experimental features or plans that shall be considered Tellie’s “Confidential Information,” which you agree to treat as confidential. In furtherance, but not limitation, of the foregoing, you agree to (a) only use the Beta and Confidential Information as permitted by Tellie; (b) not disclose Confidential Information to any third parties without the written consent of Tellie; and (c) take all reasonable measures to maintain the confidentiality of the Confidential Information and to prevent the unauthorized use, dissemination, or publication of Confidential Information.
8. Community Guidelines: At Tellie, our mission is to help creators express their creativity while making a sustainable living online. We want to empower creators to build immersive spaces where they can integrate all the places they live online. During this Beta, we ask that Your Content not include the following:
- violent or threatening content;
- harmful or suicidal content;
- revealing personally identifiable or private information of others;
- illegal behavior or criminal activity;
- discrimination or promoting hatred or violence toward individual groups based on race, ethnicity, national origin, religious affiliation, gender identity, sexual orientation, age, or disability; and
- nudity or sexually explicit content.
Furthermore, bullying and harassment on the Service is strictly forbidden. If you become aware of any content or behavior on the Service that you feel violates the spirit of what is listed here and/or creates an unsafe environment for anyone using the Service, please let us know immediately. We at all times reserve the right to reject, remove, or delete Your Content or any other content in our sole discretion. By agreeing to these Terms of Service, you agree to comply with our Community Guidelines.
9. Tellie Intellectual Property Rights: Tellie owns all intellectual property rights in the Service absolutely and in their entirety, including, but not limited to, database rights, copyright, patents, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together (collectively, “Tellie Property”) with the right to apply for protection of the same. All Tellie Property is protected by copyright, trademark, and other intellectual property laws. All other trademarks, logos, service marks, company or product names used or available through the Service are the property of their respective owners.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information (“Submissions”) you provide during the Beta are non-confidential and shall become the sole property of Tellie, and Tellie shall be entitled to the unrestricted use and dissemination of the Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
You may not use our trademarks for any purpose without the express written permission of Tellie. Your permitted use of and access to the Service shall not confer any rights to you beyond those expressly granted in this Agreement nor be construed as conferring on you or any third party any license or right, by implication, estoppel, or otherwise, under any law, rule, or regulation.
10. Digital Millennium Copyright Act (“DMCA”)
Tellie respects the intellectual property of others. If you believe in good faith that any materials in or available through the Service infringe upon your copyright, please send the following information to Tellie’s Copyright Agent identified below:
- a description of the copyrighted work that you claim has been infringed, including the specific location on the Services where the material you claim is infringed is located;
- a description of the location where the original or an authorized copy of the copyrighted work exists;
- your address, telephone number, and e-mail address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
DMCA notices must meet current statutory requirements imposed by the DMCA. Please send DMCA notices to Tellie’s Copyright Agent at the following address or by email (subject line “DMCA Communication”):
Strimmerz Media, Inc.
P.O. Box 74012
Los Angeles, CA 90004
11. Changes to this Agreement. Tellie reserves the right to update this Agreement from time to time. We will notify you when we make changes to these Terms by posting the revised Agreement and by revising the “Effective Date” date at the top of this page. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. Your continued use of the Service following the posting of revised Agreement means that you accept and agree to the changes. You are encouraged to check this page each time you access the Service so that you are aware of any changes, as they are binding on you.
12. Changes to the Service. Tellie reserves the right to modify or discontinue the Service or charge for the Service at any time without notice. Modifications may include, but are not limited to, the addition of fees, and the manner of providing or operating of the Service. We shall not be liable to you or any third party should we modify or discontinue Services and any new feature, addition, or enhancement to the Services shall also be subject to these Terms.
13. Warranty Disclaimer: THE SERVICE IS PROVIDED PURELY AS A PLATFORM ON WHICH USERS MAY UPLOAD, POST AND VIEW CONTENT. TELLIE DOES NOT PROVIDE ANY ENTERTAINMENT OR OTHER SERVICES AND DOES NOT EXERCISE ANY CONTROL OVER ANY USER CONTENT EXCEPT AS EXPRESSLY NOTED IN THESE TERMS. USERS ARE SOLELY RESPONSIBLE FOR THEIR INTERACTION WITH OTHER USERS OF THE SERVICE. YOU UNDERSTAND AND ACKNOWLEDGE THAT THE BETA VERSION OF THE SERVICE IS EXPERIMENTAL AND IS PROVIDED “AS IS” AND “AS AVAILABLE” AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. TO THE FULLEST EXTNET PERMITTED BY LAW, TELLIE DISCLAIMS ALL WARRANTIES RELATING TO THE SERVICE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
14. Limitation of Liability: EXCEPT AS REQUIRED BY APPLICABLE LAW, TELLIE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; OR PUNITIVE DAMAGES DIRECTLY OR INDIRECTLY CAUSED BY:
a. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICE;
b. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICE;
c. ANY UNAUTHORIZED ACCESS TO OR USE OF THE SERVICE;
d. ANY INTERRUPTION OR CESSATION OF THE SERVICE;
e. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICE BY ANY THIRD PARTY;
f. ANY CONTENT WHETHER SUBMITTED BY A USER OR TELLIE, INCLUDING YOUR USE OF CONTENT; AND/OR
g. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.
THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. TELLIE AND ITS AFFILIATES’ TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TELLIE IN THE 12 MONTHS BEFORE THE DATE OF YOUR NOTICE, IN WRITING TO TELLIE, OF THE CLAIM; AND (B) USD $100.
15. Indemnity: To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Tellie, its parent, and affiliates, and their respective officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (i) your violation of any term of this Agreement; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; and (iii) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Service.
16. Controlling Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of law provisions therein.
17. Data Plans and Costs: We advise you to use the Service with a data plan with unlimited or very high data usage limits. Tellie shall not be responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access and use the Service. You understand and agree that we have no control over third party networks you may use, access or be required to access in the use of the Service and therefore, delays and disruptions of or by other network transmissions are completely beyond our control.
19. Term and Termination. These Terms are effective once you access or use the Service or when you create your account. Tellie may terminate or suspend your access to all or part of the Service with no notice anytime for any or no reason, including without limitation, any violation of this Agreement. Upon termination or suspension, your right to use the Service shall immediately cease and you acknowledge and agree that we may deactivate or delete your account and all related information and bar any further access to such files or information.
20. Severability: In the event any provision of this Agreement be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement and all other provisions shall otherwise remain in full force and effect and enforceable.
22. Entire Agreement: This Agreement and other policies posted on the Service constitute the entire agreement between the parties pertaining to this subject matter.