Effective Date: May 2012
Thanks for using this Twonky product or service, or visiting this Twonky website (the Twonky websites,
services and products are collectively and individually referred to herein as the "Products"). The Products are
operated by PacketVideo Corporation ("PacketVideo", "Twonky", "we", "our", "us"). By clicking the "I Accept"
addition, when using any of the Products, you may be subject to any posted guidelines or rules applicable to such
please do not use the Products. Please see our FAQ page if you have any questions.
to change these settings, please visit the appropriate Settings Page of the Twonky Software.
in connection with your use of the Products.
2. Registration. As a condition of using the Products, you are required to register with Twonky
and select a password and user name ("Twonky User ID"). You represent that you are of legal age to form a binding
contract and are not a person barred from receiving Twonky products or services under the laws of the United
States or other applicable jurisdictions. You represent that the information you provide to us is accurate,
complete, and up to date.
In addition, you may be able to access the Products through a third party service that provides a gateway to
the Products, in which case you may have a separate, additional account relationship with that third party. The
relationship with the third party in no way modifies, lessens or alters your obligations under this Agreement.
Access to the Products through third party services may be available or discontinued at our discretion. You
acknowledge that we are not liable for the acts or omissions of these third parties, which are not the partner or
representative of PacketVideo and are not endorsed or controlled by us.
3. Restrictions and Termination. Failure to abide by the requirements of this Agreement shall
constitute a breach of this Agreement, which may result in immediate termination of your Twonky account and your
ability to use the Products. If you provide any information that is untrue, inaccurate, not current or
incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or
incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use
of the Products.
You may not: (a) select or use as a Twonky User ID a name of another person with the intent to impersonate
that person; (b) use as a Twonky User ID a name subject to any rights of a person other than you without
appropriate authorization; or (c) use as a Twonky User ID a name that is otherwise offensive, vulgar or obscene.
Twonky reserves the right to refuse registration of, or cancel a Twonky User ID in its sole discretion. You shall
be responsible for maintaining the confidentiality of your Twonky password. The Products are available only to
individuals who are at least 13 years old, whether acting on their own behalf or as an authorized employee or
representative of a corporation or other business entity. If you do not so qualify, do not attempt to register
for or use the Products.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any
content you provide and to reclaim your username(s) in the event of termination of your account.
You may not engage in username squatting. Accounts that are inactive for more than 6 months
may be removed without further notice. Some of the factors that we take into account when determining what
conduct is considered to be username squatting are:
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is
necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce
address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights,
property or safety of PacketVideo its users and the public.
4. User Conduct. You represent and warrant that you will not use the Products
Additionally, you agree that you will not: (a) take any action that imposes, or may impose, in our sole
discretion, an unreasonable or disproportionately large load on Twonky infrastructure; (b) interfere or attempt
to interfere with the proper working of the Products or any activities conducted with or on the Products; (c)
bypass any measures Twonky may use to prevent or restrict access to the Products, or (d) use any robot, spider,
scraper or other automated means to access the Products for any purpose.
5. Disclaimers Regarding Links. The Products may contain links to third-party websites, resources
or data. You acknowledge and agree that we are not responsible or liable for: (a) the availability or accuracy of
such third-party websites, resources or data; or (b) the content, products, or services on or available from such
websites, resources or data. You also acknowledge sole responsibility for and assume all risk arising from the
use of any such websites, resources and data. This Agreement does not apply to third party websites, including
without limitation, the content of and your activity on such websites.
Links are not endorsements or referrals of any products, services or information contained in such websites.
Information provided and opinions expressed by others do not necessarily represent our opinions. We expressly
disclaim any and all liability resulting from reliance on such information or opinions. Some products,
manufacturers and service providers may be mentioned in or on the Products. Mention of these products,
manufacturers or service providers does not constitute an endorsement by Twonky. You acknowledge and agree that
third-party websites may be protected by U.S. and international copyright and trademark laws and regulations, and
that your access and use of such websites may be limited by the terms of service governing such websites. You
inform yourself of the regulations, policies and practices of these third-party websites. We shall have the
right, at our sole discretion, to remove links and images attached to such links, if such links are flagged by
Product end users as offensive.
6. Surveys and Feedback. We may periodically present you with surveys or solicit your opinion
about the Products or services. You acknowledge that your participation in these types of programs is completely
voluntary. By submitting opinions, suggestions, feedback, images, documents, and/or proposals to us through these
surveys, any suggestion or feedback webpages, or through any other communication with Twonky, you acknowledge and
agree that: (a) the suggestions or feedback you provide will not contain confidential or proprietary information;
(b) we are not under any obligation of confidentiality, express or implied, with respect to the suggestions and
feedback you provide; (c) we shall be entitled to use or disclose (or choose not to use or disclose) the
suggestions and feedback you provide for any purpose, in any way, in any media worldwide (without disclosing your
identity); (d) we may have similar ideas to the suggestions and feedback you provide already under consideration
or in development; (e) the suggestions and feedback you provide will automatically become our property without
any obligation to you; and (f) you are not entitled to any compensation or reimbursement of any kind from us
under any circumstances. Note that individual responses to Twonky surveys will not be published; survey results,
if used, will be reported as collective information without containing personally identifiable information.
7. User Content. You acknowledge that we do not control any information, user comments, data,
text, software, music, sound, photographs, graphics, video, messages, tags, images, illustrations, software,
audio clips and video clips or other materials, or any suggestions, comments or other feedback about the Products
provided by users ("User Content"), whether publicly posted or privately transmitted. You also acknowledge that
we reserve the right, but have no obligation, to monitor User Content, and, as such, we do not control or
guarantee the accuracy, integrity or quality of User Content. You acknowledge that by using the Products, you may
be exposed to User Content that is offensive, indecent or objectionable. Under no circumstances will we be liable
in any way for any User Content, including, but not limited to, any errors or omissions in any User Content, or
any loss or damage of any kind incurred as a result of the use of any User Content posted, transmitted or
otherwise made available via the Products. You will have the option to allow your User Content to be shared, but
if you select this option, you understand that your User Content will be visible to all other end users on your
Local Area Network ("LAN").
8. License to and Representations about User Content You Contribute. By creating and posting User
Content on the Products you represent and warrant that you own or have sufficient rights to post or transmit your
User Content on or through the Products. We will not acquire an ownership interest in your User Content, but will
acquire the following non-exclusive license: by posting User Content you grant Twonky a perpetual, non-exclusive,
fully-paid, royalty-free, sub-licensable and worldwide license to use, modify, create derivative works of,
publicly perform, publicly display, reproduce and distribute your User Content in connection with the Products,
our business or the promotion thereof in any media formats and through any media channels now known or hereafter
9. Removal of User Content. We may remove any User Content and suspend or terminate any Twonky
accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from
third parties or authorities relating to such User Content), or for no reason at all. We may also impose limits
on certain features and services or restrict your access to parts or all of the service or User Content without
notice or liability. You are solely responsible for your interactions with other end users of the Products.
10. Our Intellectual Property Rights and Your Limited Use Right. The Products and their contents,
including, without limitation, the text, information, material, software and graphics contained in or on the
Products, are the intellectual property of PacketVideo or its licensors and are protected by applicable
copyright, trademark and proprietary rights, laws and treaties. PacketVideo, Twonky, PV, the Twonky logo, and
associated tag lines are trademarks of PacketVideo Corporation, which may be registered in some jurisdictions. We
make no proprietary claim to any third-party names, trademarks or service marks appearing on the Products. All
other trademarks used are owned by their respective owners. The Products and their contents may not be copied,
reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without
our prior written permission, however, upon registration and your acceptance of this Agreement, we grant to you a
limited non-exclusive license to install the Products on your computer or mobile device and use the Products and
not (a) modify the Products or their contents or use them for any commercial purpose, or any other public
display, performance, sale, or rental; (b) decompile, reverse engineer, or disassemble software materials
included in the Products; (c) remove any copyright notice or other proprietary notices from the Products; or (d)
transfer the Products or their contents to another person. We may, but are not obligated to, periodically provide
updates to the Products to resolve bugs or, add features and functionality. No part of the Products, their
contents, any form or document may be reproduced in any form or incorporated into any information retrieval
system, electronic or mechanical, other than for your personal, not-for profit use. You do not acquire any
ownership rights to the Products or to any contents therein. All rights not expressly granted herein are reserved
11. DMCA, Copyright and Other Complaints. We promote respect for the intellectual property rights
of others in all of our business endeavors and strictly prohibit end users from uploading infringing content to
the Products. We may, in our sole discretion, remove content that appears to infringe on the intellectual
property rights of others. It is Twonky policy to respond to and investigate claims of copyright and other
intellectual property infringement. We have a policy of terminating access of users who are repeat infringers in
DMCA Notification. You may notify Twonky of alleged copyright infringement in accordance with the
Digital Millennium Copyright Act (the "DMCA"). We will respond expeditiously to notices of alleged infringement
sent pursuant to the DMCA.
In order to notify us of a copyright infringement claim pursuant to the DMCA, you must
The notice described above should be sent to our designated copyright agent at: 10350 Science Center Drive,
San Diego, California 92121; Attention: Copyright Agent; email@example.com
Please note that in order to facilitate resolution of the dispute, we may provide your contact information to
the user or entity that posted the content that you are reporting; or in the event that you are the alleged
infringer and provide a counter-notice, to the user or entity that filed the original claim. We may also provide
your information in connection with a claim under this Section to http://www.chillingeffects.org . Please also note that you may be liable for damages
(including costs and attorneys' fees) if you knowingly and materially misrepresent that material or an activity
is infringing your copyright.
Other Complaints. In addition, if you reasonably believe that content made available through the
Products infringes your rights, you may flag that content as "Infringes on my copyright" on the Twonky website.
To do this select the item you feel infringes your copyright, click on the "More" button, select the "Flag"
option, and select the "Infringes on my copyright" option. PacketVideo will respond expeditiously to such action
and disable access to the selected item.
12. Social Media. If you decide to access Facebook, Twitter, or similar social media applications
using the Products, please note that we will retrieve certain of your information from such applications and
websites, such as, without limitation, photos, albums, and friend information, in order to allow you to access
13. Alpha and Beta Release Versions. In the event that all or any portion of the Products is
identified as an alpha or beta release version ("Alpha Version" or "Beta Version"), the terms of this paragraph
will apply in addition to the other terms of this Agreement. The Alpha Version or Beta Version may contain more,
fewer, or different features than are contained in the commercial release corresponding to the Alpha Version or
Beta Version that we intend to or do distribute. We reserve the right at any time not to release a commercial
version corresponding to the Alpha Version or Beta Version, or if we do release such a commercial version, to
alter features, specifications, capabilities, functions, licensing terms, release dates, general availability, or
other characteristics of such commercial release. You acknowledge and understand that the Alpha Version and Beta
Version may contain errors affecting its proper operation and is provided to you AS IS. A primary purpose of an
Alpha Version or Beta Version is to obtain feedback on the Product's performance and the identification of
14. Disclaimer of Warranty. THE INFORMATION IN AND ON THE PRODUCTS IS PROVIDED "AS IS" AND ALL
WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE).
15. Limitation of Liability. IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ANY LOST PROFITS, LOST DATA, OR LOST SAVINGS, WHETHER BASED ON
BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY EVEN IF PACKETVIDEO HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of special,
incidental, or consequential damages, so the above exclusion or limitation may not apply to you.
16. Indemnification. You agree to defend, indemnify and hold us harmless from and against any and
all claims, damages, and costs including attorneys' fees, arising from or related to your use of the
17. Independent Contractors. No agency, partnership, joint venture, or employment is created as a
result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
18. Non-Waiver. The failure of either party to exercise in any respect any right provided for
herein shall not be deemed a waiver of any further rights hereunder.
English language, which language shall be controlling in all respects, In the event of any dispute concerning the
the English version and not to any other translation in any other language.
20. Force Majeure. We shall not be liable for any failure to perform our obligations hereunder
where such failure results from any cause beyond our reasonable control, including, without limitation,
mechanical, electronic or communications failure or degradation (including "line-noise" interference).
21. Severability. If any provision of this Agreement is found to be unenforceable or invalid,
that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable.
22. Assignment. This Agreement is not assignable, transferable or sub-licensable by you except
with our prior written consent. We may transfer, assign or delegate this Agreement and its rights and obligations
23. Governing Law. By using the Products, you agree that this Agreement shall be governed by and
construed in accordance with the laws of the State of California, United States of America, without regards to
its conflict of law rules.
24. Arbitration Agreement and Waiver Of Class Remedies. All disputes arising under or relating to
this Agreement shall be resolved exclusively through arbitration in San Francisco, California, before a single
arbitrator. The arbitrator, and not any federal, state or local court or agency, shall have the exclusive
authority to resolve any dispute arising under or relating to the interpretation, applicability, enforceability,
or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement
is void or voidable. The parties further agree that they may only bring claims in their individual capacity, and
not as a plaintiff or class member in any purported class or representative proceeding.
25. Entire Agreement. This Agreement supersedes all prior and contemporaneous agreements,
representations and warranties and understandings, whether oral or written, with respect to the Products, the
Products' contents and any services provided through the Products. Modifications to this Agreement that are not
posted on the Products and that do not fall under the Amendments Section below, are not valid unless made in
writing and signed by the appropriate Twonky representative. In the event of any conflict between this Agreement
and any other agreement or understanding related to the Products, this Agreement shall control.
26. Amendments. This Agreement may be amended by us from time to time. You will be asked to click
to accept the new agreement the next time you log on to use the Products in order to be able to continue to use
the interactive portions of the Products. If you choose not to accept the new terms you may be denied access to
the Products. We will also put any revised versions of this Agreement on the Twonky website with a notice
advising of the change at least 30 days before its effective date.
PacketVideo Corporation ("PacketVideo," Twonky" "we", "us" or "our") takes your privacy very seriously and
knows you care deeply about how your personal information is used and shared. This notice describes our privacy
(collectively and individually, the "Products"). It is designed to inform you about the types of information we
may gather or collect from you in connection with the Products. It also explains the conditions under which we
We may collect information from you at various places on the Products. Depending on the information and/or
services you request, we may ask for your name, email address, date of birth, country of residence, or similar
information. We use the information that you provide for such purposes as responding to your requests,
customizing services and offers for you, improving the Products, and communicating with you.
For example, you provide information when you post content; provide information in your account or your
profile; communicate with us by phone, email, or otherwise; complete a questionnaire or a contest entry form;
participate in discussion boards or other community features; provide and rate reviews; and share information
with people you add as friends on the Products.
You may, of course, elect not to submit the foregoing information by simply cancelling your account. Please
see our FAQ page if you have any questions.
In addition to the information you knowingly provide us, we keep track of the domains, IP addresses and
specific media players and servers of users who visit us. We also collect, receive and store certain types of
information and Product usage statistics such as web browser types and page requests, media playback and beaming
requests, size and content types of user libraries, and track the websites and other internet programs that you
access or visit whenever you interact with us. To the extent this information is associated with a particular
user, it will be protected accordingly.
Our Products allow you to access information from Facebook, Twitter or similar social media applications. If
you decide to access such applications via our Products, we will need to retrieve certain of your information
from such applications and websites, such as, without limitation, your photos, albums, and friend information.
The information will be stored with us to the extent necessary to enable you to access such information by using
the Products whenever you request it. You can decide not to use the social media applications or turn off access
to such applications at any time (in which case we will delete any such information stored with us).
In addition to the information gathered as described above, we (as well as third-party websites you visit) may
provided on and through the Products. A cookie is a string of information that a website stores on your computer,
and that your browser provides to the Products each time you submit a query through the Products.
BEFORE ACCESSING THE PRODUCTS WITH THE UNDERSTANDING THAT DISABLING COOKIES MAY MAKE IT MORE BURDENSOME OR EVEN
PREVENT YOU FROM TAKING ADVANTAGE OF CERTAIN FEATURES ON THE PRODUCTS.
leave them turned on. For instance, if you block or otherwise reject our cookies, you will not be able to use any
Twonky services that require you to sign in. You may, however, delete your browser history after each visit,
depending on the type of browser you are using, usually by going to the Tools menu and selecting "Delete Browsing
A "web beacon," also sometimes called a pixel tag or transparent GIF, is an object that is embedded in a web
page. It is usually invisible to you, but allows website operators to check whether you have viewed a particular
web page or email communication. We may place web beacons on pages of the Products and in emails we send to
The Products may include third-party advertising, links to other websites, and other content from third-party
businesses. These third-party sites, businesses, and advertisers, or advertising companies working on their
behalf, may use web beacons and cookies to measure the effectiveness of their ads, personalize or optimize
advertising content and to track users who link from their respective websites to the Products.
We do not have access to or control over web beacons or cookies that these third parties may use. We are not
responsible for the privacy practices or the content of these third-party websites. You are encouraged to review
the privacy policies of the different websites you visit.
Some third-party advertising companies may provide a mechanism to opt-out of their technology. For more
information about the opt out process, you may visit the Network Advertising Initiative website, available at
We may use your information:
We may use information that you submit for any purpose related to our business. Without limiting the forgoing,
we will not disclose your personally identifiable information to any third party unless it is: (i) at your
request; (ii) to our employees, contractors, affiliates, distributors, dealers, vendors, advertisers and
suppliers who process information on our behalf, participate with us in the provision or operation of the
Products, or provide you with goods or services that you have requested; or (iii) to the proper authorities in
response to a legal order or official request, or when we believe you have acted in violation of our Terms of
We may also share aggregate information that does not identify you personally with third party marketing
partners that we believe offer products or services that may be of interest to you. We note that, while the
aggregate data we provide will not identify you personally, in some instances third parties may be able to
"de-anonymize" aggregate data to identify you personally based on additional information they have about you or
that they receive from third parties. While we do not intend for third parties to de-anonymize the aggregate data
we provide, if you are concerned about potentially being personally identified by our third party marketing
partners you should not use the Products.
In addition, as we continue to develop our business, we might sell or buy subsidiaries, or business units. In
such transactions, customer information generally is one of the transferred business assets but remains subject
Corporation, or substantially all of its assets are acquired, customer information will of course be one of the
You may post information, including personally identifying information, on areas of the Products that may be
viewed by other users or the public, although we recommend that you do not do so. We urge you to use good
judgment. Do not post any information, including without limitation, personally-identifying information that you
do not want other users to know. You may choose to set your privacy settings to public or private by going to
Many internet connections are public and/or not secure, and other users using that same connection may have
access to your information; please make sure that you are using a secure internet connection.
YOU ASSUME ALL RESPONSIBILITY FOR ANY LOSS OF PRIVACY OR OTHER HARM RESULTING FROM YOUR VOLUNTARY DISCLOSURE
OF PERSONALLY-IDENTIFYING INFORMATION.
We attempt to protect against the loss, misuse and alteration of your personal information. We have a strict
internal security policy that limits access to information only to authorized personnel. Our servers are
protected by reasonable physical and electronic security. It is important for you to protect against unauthorized
access to your password and to your computer. Be sure to sign off when finished using a shared computer.
The Products are not directed to children under the age of 13. We do not knowingly collect information from
anyone we know to be under 13 years of age.
We comply with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the
U.S. Department of Commerce regarding the collection, use, and retention of personal information from European
Union member countries and Switzerland. We have certified that we adhere to the Safe Harbor Privacy Principles of
notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe
Harbor program, and to view our certification, please visit http://www.export.gov/safeharbor/. As part of our participation in the Safe Harbor program, we
agree to resolve all disputes you have with us in connection with our policies and practices through TRUSTe.
to its effective date. It is therefore important that you notify us if you change your email address. If you do
not provide us with a current email address, you should regularly review this policy to ensure that you are
informed of any changes.