We may modify/amend/update this Agreement or any part of it from time to time and subject to our discretion and once done such modified/amended/updated version shall apply. You are required to check the Agreement periodically to ensure that you are aware of any and all changes in the updated version (if any) and comply with the same. If you do not agree with any modified/amended/updated terms, you should remove any Content (defined below) you have provided and discontinue your use of the Service.
By creating an account in/with Toffee you acknowledge and agree to the Agreement and give your express consent to abide and be bound by the same.
Subject to this Agreement, the Service allows you to view and share videos and other Content, provides a platform for people to enjoy video streaming services and acts as a distribution platform for Content creators and advertisers.
We are constantly changing and improving the Service. We may also need to alter or discontinue the Service in full, or any part of it, in order to make performance or security improvements, change functionality and features, make changes to comply with applicable law, or prevent illegal activities on or abuse of our systems. These changes may affect all users, some users or even an individual user. Whenever reasonably possible, we will provide notice when we discontinue or make material changes to our Service that will have an adverse impact on the use of our Service. However, you hereby fully acknowledge, understand and agree that there will be times when we make such changes without notice, for example, where we feel we need to take action to improve the security and operability of our Service, prevent abuse, or comply with legal requirements. You further acknowledge and accept that we reserve the right and have full discretion to make any such decisions.
We give highest priority to building a safe community on Toffee. We employ dedicated teams and deploy advanced technical systems to detect misuse of our Service, harmful conduct towards others and situations where we may be able to help support or protect our community. If we have knowledge about any harmful and/or illegal Content or conduct on our platform, we will take appropriate action – for example, we may offer help, remove Content, remove or restrict access to certain features, disable an account or report to law enforcement agency. You further acknowledge and accept that we reserve the right and have full discretion to make such decisions. Learn more about this in the Toffee Community Guidelines.
The content on the Toffee platform include videos, audio (for example music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), recorded expressions, interactive features, software, metrics, and other materials (collectively, the "Content").
Content uploaded on the Toffee platform is the responsibility of the person or entity that provides or uploads it to the Toffee platform. Toffee is under no obligation to host or serve Content. Even if Toffee hosts or serves your Content, all liabilities with respect to the said Content shall lie with you at all times. You represent and warrant that you shall comply with applicable laws and shall not provide Toffee with any Content that may be deemed “illegal” under applicable laws or violate any provisions thereof. You hereby acknowledge and agree that you shall be fully liable for any loss or damages arising out of or in connection with your Content and you further agree to indemnify and keep us harmless and free from any liability, loss or damages arising out of or in connection with your Content.
You can use parts of the Service, such as browsing, searching for and enjoying Content as are available in Toffee, as a general user without creating your own Toffee channel. However, you do need to create your own Toffee channel in order for you to be able to provide and upload your Content and enjoy other features. You must be at least 18 (eighteen) years old and have an OTP verified account (registered mobile number) in your name to create your own Toffee channel. Find details about how to create your own Toffee channel in our Frequently Asking Questions (Toffee FAQ). You undertake and confirm that the personal information you provide to create your Toffee channel and/or register with Toffee i.e. your name, mobile number, MFS account number, email ID, photo etc. is your own personal information and are accurate. Toffee assumes no responsibility for any loss incurred and/or any damage/consequence suffered by you due to any fake and/or inaccurate information provided by you.
You hereby grant clear and express consent for Toffee to access, use, process, possess and/or transfer any of your personal information for any purpose related to provision of the Service and/or use of the Toffee platform.
Creating a Toffee channel will give you access to additional features and functions, such as uploading videos, making comments or creating playlists (where available). To protect your Toffee channel, keep your user ID and password confidential. You should not share your user ID and password with anyone.
If you have a Toffee channel, you may be able to provide and/or upload Content on Toffee. You may use your Content to promote your business or artistic enterprise. If you choose to upload Content, you must not submit to the Toffee platform any Content that does not comply with this Agreement (including the Toffee Community Guidelines) and the applicable law. For example, the Content you submit must not include third-party intellectual property (such as copyrighted material) unless you have permission from that third-party or are otherwise legally entitled to do so.
You shall not submit any Content that goes against local legal requirement, national security, national interest, social norms and culture or that discriminates based on race, color, ethnicity, gender, religion, political view (including religious and political beliefs, practices etc.) or that violates any copyright, third party rights, applicable local laws and regulations or that spreads hate speech, violence, nudity, vulgarism or that bullies, harasses or offends any person, community or group of people. For more details, please refer to the Toffee Community Guidelines.
You must not submit any Content that is not created and/or owned by you. By submitting your Content, you acknowledge and confirm that you are the legal owner of the Content and the copyright of the same and you have not violated copyright of any third party by creating and/or uploading your Content. You shall be liable for any claim or consequences arising out of copyright infringement or violation of third party rights or any applicable law, arising out of or in connection with your Content.
Once the Content has been successfully submitted, it shall be analyzed/screened by the Toffee vendor (a third-party appointed by Toffee for content screening, uploading, payment process and payment disbursement). The Toffee vendor shall have the sole discretion to select, approve or disapprove any Content/video for uploading on the Toffee platform, provided however that such screening and/or approval shall not in any manner waive or be deemed to waive any of your obligations under the Agreement, with regard to the Content. For uploading your Content, please follow the step by step process for Content uploading provided in the Toffee FAQ.
If your Content generates revenue and you are entitled to a revenue share, the payment dashboard of the Toffee platform will show your earning figure and minimum eligibility threshold. Once you are eligible for a revenue share, your designated Toffee vendor will disburse the payment to your verified MFS account. You hereby agree and give your consent to receiving your payment from your designated Toffee vendor. You further confirm and agree that all your rights and entitlements in relation to your Content shall be towards your designated Toffee vendor only. You hereby waive and relinquish any claim, demand, entitlements etc. in relation to your Content towards Toffee. Accordingly, you agree and acknowledge that Toffee shall have no legal obligation to entertain any claim or demand from you in relation to your Content. However, if requested by you, Toffee will introduce your designated Toffee vendor to you. Please find detailed eligibility criteria and payment process in the Toffee FAQ.
You retain ownership rights to your Content. However, we do require you to grant certain rights to Toffee and other users of the Service, as described below.
By providing Content to our platform, you grant Toffee a world-wide, non-exclusive, royalty-free, transferable, sub-licensable license to use that Content (including the right to reproduce, distribute, prepare derivative works, display and perform it). Toffee may only use that Content in connection with the Service and/or Toffee’s (including its successors’ and Affiliates) business, including for the purpose of promoting and redistributing part or all of the Service.
You also grant each other user of the Service a worldwide, non-exclusive, royalty-free license to access your Content through the Service, and to use that Content, including the right to reproduce, distribute, prepare derivative works, display and perform it, only as enabled by a feature of the Service (such as video playback or embeds). For clarity, this license does not grant any rights or permissions for a user to make use of your Content independent of the Service.
The licenses granted by you shall continue for a commercially reasonable period of time even after you remove or delete your Content from the Toffee platform or cease to use to the Service. You understand and agree, however, that Toffee may retain, but not display, distribute, or perform, serve copies of your Content that have been removed or deleted.
You may remove your Content from the Toffee platform at any time. You also have the option to make a copy of your Content before removing it. You must remove your Content if you no longer have the rights required by this Agreement or are required to do so by Toffee in accordance with the Agreement.
If we reasonably believe that any Content is in breach of this Agreement or applicable laws or may cause harm to Toffee, our users, or third parties, we may remove or take down that Content at our sole discretion. We will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Toffee or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Toffee or our Affiliates.
You acknowledge and accept that we reserve the right and have full discretion to make any such decisions
You may stop using the Service at any time by closing your Toffee channel and removing your Content.
Toffee may suspend or terminate your use of the Service, your Toffee channel, or your access to all or part of the Service if (a) you materially or repeatedly breach this Agreement; (b) we are required to do so to comply with a legal requirement or a court order or an order of competent authority; or (c) we believe there has been conduct that creates (or could create) liability or harm to any user, other third party, Toffee or our Affiliates.
Toffee may terminate your use of the Service, or your Toffee channel or your access to all or part of the Service if Toffee believes, in its sole discretion, that provision of the Service to you is no longer commercially or legally viable.
We will notify you with the reason for termination or suspension by Toffee unless we reasonably believe that to do so: (a) would violate the law or the direction of a legal enforcement authority, or would otherwise risk legal liability for Toffee or our Affiliates; (b) would compromise an investigation or the integrity or operation of the Service; or (c) would cause harm to any user, other third party, Toffee or our Affiliates.
If your Toffee channel is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as viewing only as a general user) without a Toffee channel, and this Agreement will continue to apply to such use.
When the Service requires or includes downloadable software, you give permission for that software to update automatically on your device once a new version or feature is available, subject to your device settings. Unless that software is governed by additional terms which provide a license, Toffee gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by Toffee as part of the Service. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Service as provided by Toffee, in the manner permitted by this Agreement. You are not allowed to copy, modify, distribute, sell, sublicense or lease any part of the software, or to reverse-engineer or attempt to extract the source code of that software, unless laws prohibit these restrictions or you have Toffee’s written permission.
Some software used in our Service may be offered under an open source, royalty-free license that we provide to you. There may be provisions in an open source license that expressly override some of these terms, so please be sure to read those licenses.
Other than as expressly stated in this Agreement or as required by law, the Service is provided “as is” and Toffee does not make any specific commitments or warranties about the Service. For example, we don’t make any warranties about: (a) the Content provided through Service; (b) the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or (c) that any Content you submit will be uploaded and/or accessible through the Service.
Except as required by applicable law, Toffee, 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; punitive damages caused by:
This provision applies to any claim, regardless of whether the claim asserted is based on warranty, contract, tort or any other legal provision.
To the extent permitted by any applicable law, Toffee and its Affiliates’ liability for any claims arising from or relating to the Service is limited to: (a) the amount of revenue that Toffee has paid to you from your use of the Service in the preceding 12 (twelve) months before the date of your notice in writing to Toffee of the claim or (b) BDT 1000, whichever is higher.
To the extent permitted by any applicable law, you agree to defend, indemnify and hold harmless Toffee, its Affiliates, 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: (i) your use of the Service; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any order or direction from any government or regulatory authority for violation of any law by your Content; or (v) 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.
Further, Toffee assumes no responsibility in relation to your Content. The Content submitted by you is your property and you will be solely responsible for any claim, demand and consequences arising therefrom your Content. Therefore, you may remain aware of this when you submit any Content for uploading in Toffee.
Even if your use of the Service ends, the following terms of this Agreement will continue to apply to you: “Warranty”, “Indemnification”, “Limitation of Liability”, “Anti-bribery and Corruption Compliance” and any term that is meant to survive after the termination and the licenses granted by you will continue as described under “License Term”.
If it turns out that a particular term of this Agreement is not enforceable for any reason, it will not affect the validity and/or enforceability of any other terms herein.
If you fail to comply with this Agreement and we do not take immediate action, this does not mean that we are giving up or waiving any rights that we may have (such as the right to take action in the future).
In these terms, “include” or “including” means “including but not limited to,” and any examples we give are for illustrative purposes.
This Agreement shall be governed by and construed in accordance with the laws of Bangladesh.
Any dispute arising out of this Agreement shall be resolved mutually. If mutual resolution is not possible, the decision of Toffee will be final and binding on you.
Effective as of September 2, 2021
As a family-friendly platform, Toffee will be used by people of all ages. To make the platform safe and suitable for everyone we have set these guidelines (“Toffee Community Guidelines” or “Guidelines”) as a minimum requirement for the content creators to comply with, for uploading any content on Toffee. You must not upload any content and/or any supporting link in your Toffee Channel that is in contradiction with these Guidelines. You agree that if your content contains any element in violation of these Guidelines or any applicable law, your content may be removed immediately from the platform, and repetition of the same might get your Toffee Channel banned and, in extreme cases, considering the severity of violation, legal steps may be taken against you. You acknowledge and confirm that you have read and understood these Toffee Community Guidelines and will, at all times, abide by the terms herein (including any amendments that may be made from time to time). You further acknowledge and agree that Banglalink/Toffee reserves the right and has the full discretion to determine whether any content violates the terms and conditions of these Guidelines and/or is to be treated as prohibited content hereunder and you agree to abide by any instructions provided to you in this regard. You also acknowledge that the list of content that is not permitted/allowed on Toffee (as provided below) is not an exhaustive list and may include other content, not expressly listed herein below.
Content that displays violence, or praises, promotes, or aids violent activities will be considered inappropriate for the platform and shall not be allowed on Toffee. Violent content includes, but is not limited to the following:
We prioritize our users’ safety and convenience above all. Content containing, supporting, or promoting fraud, spam, fake or misleading information is not allowed on this platform. Such content includes but, is not limited to, the following:
Content having inappropriate language, racism, discrimination or hate speech is not allowed on Toffee. This includes but is not limited to the following:
Content containing explicit or implied depictions of pornography, nudity or vulgarism is not allowed on Toffee. Such prohibited content includes, but is not limited to, the following:
Content having an ill impact on cultural, political, and religious issues or which might hurt the ideals or sentiment of people, is not allowed. These include but shall not be limited to the following:
Content that infringes copyright and/or any other intellectual property right is not allowed. Videos, audios and visuals or any other content must be original, authentic and shall be the creator’s own content. In case of any content belonging to any third party or using copyrighted content, scenes from movies or shows, song covers, names, trademarks and logo belonging to another, etc., the content creator (who is uploading the content on Toffee) must have license or obtain the express permission from the content owner/s whose contents have been used, and the content creator must be able to provide documented proof of consent from the relevant content creator/s or owner/s, or copyright owner/s (as the case may be), as and when asked for. Without infringing any copyrights, content that uses other content resources must mention and/or acknowledge the source of the same.
All the content uploaded to the platform must, at all times, comply with all applicable laws and regulations of Bangladesh.
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Welcome to Toffee!
Thank you for using the Toffee products, services and features provided to you from the Toffee platform (collectively, the “Service”). These Terms of Service govern your use of Toffee platform and the Service that we offer, except where we expressly state that separate terms (and not these one) apply.
YOUR SERVICE PROVIDER
Banglalink Digital Communications Ltd. (“Banglalink”), a company operating under the laws of Bangladesh having office at Tigers’ Den, House 4 SW(H), Bir Uttam Mir Shawkat Sharak, Gulshan-1, Dhaka-1212 (hereinafter referred to as “Toffee”, “we”, “us”, or “our”) is your service provider. If the ownership, possession, control and operation of the Toffee platform including the Service is assigned, transferred and/or sold at any time to any sister concerns, affiliates, assignees, subsidiaries, partners etc. of Banglalink (the “Relevant Party”), then this Creator’s Terms of Service and the Agreement shall be valid and continue to be effective with such Relevant Party without any change or modification. Accordingly, such Relevant Party shall be your Service Provider without requiring any further consent from you.