We reserve the right to update these User Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. We shall notify you of any changes we make to the User Terms if we have your email address. If you do not accept any amendment to our User Terms then you should stop using our Platform. Updated User Terms will be effective as soon as they are accessible.
Our Platform enables you to request a video (a rinkl Video) from the individuals on our Platform, known as Creators.
2.0 Registration and Use
By agreeing to these User Terms you warrant and represent that all of the information you have provided to us is accurate and complete, and that you:
- are at least 16 years old or if you are 16 or 17 years old, you have the permission of your parent or legal guardian to agree to these User Terms, and in particular to make any payments on the Platform;
- are legally capable of entering into a contract; and
- will comply with any other requirements we set out on our Platform.
When you register on our Platform you will create a password. You are responsible for keeping your password confidential. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email to firstname.lastname@example.org if you believe there has been any unauthorised use of your account. You may not transfer your account to anyone else or allow anyone else to use your account. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of these User Terms.
You may not have more than one account on our Platform
When you use our Platform you must comply with all applicable laws and you agree not to:
- try to gain unauthorised access to our Platform or any networks, servers or computer systems connected to our Platform;
- override or attempt to override or circumvent any security component or technological measure within our Platform;
- harvest, spider or otherwise collect non-public information about another user obtained through our Platform (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;
- upload any virus or malicious software intended to interfere with the proper use of software and systems, or transmit spam, chain letters or other unsoliid emails;
- access our Platform with the intention of using any information, content or other know-how to set up a similar or competitive platform;
- remove, cover or otherwise obscure any form of advertisements, copyright notice or watermark from any content on our Platform; and/or
- reproduce, redistribute, sell, alter, create derivative works from, decompile, reverse engineer, or disassemble all or part of our Platform save to the extent expressly permitted by law not capable of lawful exclusion.
3.0 Interactions with Creators
You may request that a Creator sends you a rinkl Video. To do so, please visit the Creator’s profile page, and make a request either by recording a video (up to 60 seconds) or writing a message (up to 500 characters) and then enter your payment card details. Once we have validated your payment card details, we shall send your request to the Creator.
The content of your request must comply with the Service Rules. You cannot change your request once you have submitted it to us.
The Creator has the allotted amount of time they’ve set to respond to your request. If the Creator does not respond, or responds only to indicate that they cannot provide the rinkl Video you requested, no payment will be charged to your card. If the Creator provides the rinkl Video to you we shall then deduct the fee set out on the Creator’s profile page from the payment card details you provided to us. The fee will be deducted even if you choose not to download the rinkl Video, or are otherwise unable to download the rinkl Video.
You must have the necessary equipment and system to receive and view the rinkl Video. We are not liable if you are unable to do so for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.
The Creator retains the copyright in the rinkl Video. But you have wide rights to use it. In particular, you can access and view the rinkl Video, and share all or part of the rinkl Video with third parties through any medium anywhere in the world including on social media; and you can use parts of the rinkl Video within other content you make. But, you cannot commercially exploit the rinkl Video or use the rinkl Video for commercial purposes; you cannot sell access to the rinkl Video; and you cannot edit the rinkl Video or use part of the rinkl Video in such a way as to breach the Service Rules or otherwise be derogatory to the Creator or detrimental to the reputation of the Creator.
You may leave a review, comments or other feedback (a Review) for a creator after you have received and paid for a rinkl Video. In addition, Creators may leave a Review for you. We do ask that they comply with certain requirements, but we do not routinely monitor any Creator’s Review. If you have any concerns about a Review left for you, please contact us.
You warrant and represent that your Reviews shall:
- comply with the Service Rules;
- be fair, genuine and honest, and properly represent your experience;
- not contain any content that is threatening, offensive, spiteful, obscene or defamatory or otherwise unlawful; and/or
- not be construed as an advertisement for your or any third party’s products, services or business.
We do not routinely monitor any Review, but we may edit, remove or not post any Review at our sole discretion.
You grant to us a licence to edit and use your Review on the Platform, within marketing and publicity materials for our business and to improve the functioning of the Platform and monitor the activities of Platform visitors.
A Review is not an endorsement or recommendation by us of a Creator, and you rely on the content of a Review at your sole discretion.
5.0 Payments, Refunds
The price of the rinkl Video is set out on the Creator’s profile page, and may change from time to time so please check each time before you submit a request.
We do not generally provide a refund of payments made, but we may do so if the Creator fails to provide the rinkl Video properly due to reasons within their control, such as:
- the content does not reflect your request at all or in a substantial way;
- the content is very poor due to the Creator’s act or omission, such as poor camera, microphone or other technology;
- the rinkl Video does not last the agreed duration; and/or
- the Creator breaches the Service Rules.
Please contact us if you wish to discuss a refund or have any comments about the behaviour of Creator.
6.0 Our platform
The copyright in our Platform and all content on our Platform is owned by or licensed to us. All rights are reserved. You may not copy or distribute any part of our Platform without our prior written consent or the prior written consent of our licensor except in accordance with these User Terms.
We try to maintain and make our Platform available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
7.0 Disclaimer – Your attention is particularly drawn to this Condition
You acknowledge and agree that our Platform is provided for information purposes only, to manage relationships and to facilitate payment. We make no warranties or representations about the completeness, accuracy or reliability of the information on our Platform relating to the Creator. We are not liable for the acts or omissions of our Creators.
Our liability shall be limited to foreseeable damages arising as a direct result of our breach of the User Terms and/or our negligence. Foreseeable means that the losses could have been reasonably contemplated by you and us at the time of entering into the User Terms. We do not foresee that our liability will ever exceed the price you paid for rinkl Video in question.
8.0 Third party links
Our Platform may contain links to websites or apps operated by third parties or third party content provided by other users. We do not have any influence or control over any such third party websites or apps or content and we are not responsible for and do not endorse any third party websites or apps or content or their availability or content.
9.0 Termination or Suspension
We may suspend or terminate your account at any time and without liability to you for any reason, including if:
- any information that you provide to us is not true or we cannot verify such information;
- you are in breach of any of the provisions of the User Terms; and/or
- we receive complaints or disputes are raised in relation to your activities on our Platform or otherwise.
Following termination by us of your account you must cease to use our Platform and you must not re-register under any other name.
You may contact us at any time at the email address set out above to terminate your account or you can do so within your dashboard on our Platform.
10.0 Force Majeure
For the purposes of this Condition 10, an event of Force Majeure means any event beyond the reasonable control of either party, including change in laws or regulations, war, invasion, armed conflict, terrorism, strike, lock-out, labour dispute, failure of suppliers or subcontractors, riot, civil commotion, accident, act of God, fire, flood and storm, epidemic or pandemic.
If a party is prevented, hindered or delayed from or in performing any of its obligations under these User Terms by an event of Force Majeure, the affected party’s obligations under these User Terms are suspended without liability while the event of Force Majeure continues and to the extent that it is prevented, hindered or delayed.
If performance of any obligation under these User Terms is prevented, hindered, or delayed due to an event of Force Majeure either party shall be entitled to terminate these User Terms on written notice to the other party.
We may from time to time send any important notices relating to these User Terms by email. Such notices may relate to matters including changes to these User Terms.
12.0 Transferring rights
We may transfer our obligations and rights under these User Terms to a third party. This may happen, for example, if we sell our business. If this happens, we will notify you in writing. Your rights under these User Terms will not be affected and our obligations under these User Terms will be transferred to the third party who will remain bound by them.
You may not transfer or sub-contract your obligations and rights under these User Terms without our express prior written permission.
13.0 Third party rights
These User Terms are between us and you. They are not intended to benefit any other person or third party in any way and no such person or party will be entitled to enforce any provision of these User Terms.
If any of the provisions of these User Terms are found to be unlawful, invalid or otherwise unenforceable by any court or other authority, then such provision shall be deemed severed from the remainder of these User Terms. The remainder of these User Terms shall be valid and enforceable.
15.0 No waiver
No failure or delay by us in exercising any of our rights under these User Terms means that we have waived that right, and no waiver by us of a breach of any provision of these User Terms means that we will waive any subsequent breach of the same or any other provision.
15.0 Governing law and Jurisdiction
These User Terms shall be governed by and construed in accordance with the laws of England and Wales. The parties agree that any dispute arising from these User Terms will be subject to the exclusive jurisdiction of the English courts. However, if you are based in any other territory, you may bring a claim against us in your local courts. Your consumer rights are not affected by this Condition 16.1.