Thank you for using the Toffee products, services and features provided to you from the Toffee platform (collectively, the “Service”). These Creator’s Terms of Use govern your use of Toffee platform and the Service that we offer, except where we expressly state that separate terms (and not these Creator’s Terms of Use) apply.
Banglalink Digital Communications Ltd. (“Banglalink”), a company operating under the laws of Bangladesh having its 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 Use and the Agreement (defined below) shall be valid and shall 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.
Your use of the Service is subject to this Creator’s Terms of Use, Toffee Community
Guidelines, Toffee User’s Terms of Use and Privacy Policy which may be updated from
time to time (together, this "Agreement" ). If not expressly made part of the
Agreement, any other links or references provided in this Creator’s Terms of Use are
for informational purpose only.
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.
Please read these Terms of Use carefully which constitutes the “Agreement” between
you and Toffee and make sure you understand and accept it. If you do not understand
any of the Terms of Use, or do not accept any part thereof, you may not use 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, your performance report will be shared on monthly basis. 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.
You acknowledge and accept that we reserve the right and have full discretion to make any such decisions.
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 in Toffee. You must not upload any content and/or any supporting link in your Toffee Channel in contradiction with these Guidelines. You agree that if your content contains any element in violation of these Guidelines, your content may be removed immediately from the platform, repetition of the same might get your Toffee Channel banned and in extreme cases, considering the severity of violation, legal steps may be taken. You acknowledge and confirm that you have read and understood these Toffee Community Guidelines and will abide by the terms herein.
Contents that display violence, or praise, promote, or aid violent activities are not allowed on Toffee. Violent contents include, but are not limited to, the following:
We prioritize our users’ safety and convenience above all. Contents containing, supporting, or promoting fraud, spam, fake or misleading information are not allowed on this platform. Such contents include but, are not limited to, the following:
Contents having inappropriate language, racism, discrimination or hate speech are not allowed on Toffee. This includes but is not limited to the following:
Contents containing explicit or implied depictions of pornography, nudity or vulgarism are not allowed on Toffee. Such prohibited contents include, but are not limited to, the following:
Contents having an ill impact on cultural, political, and religious issues or which might hurt the ideals or sentiment of people are not allowed. These include but shall not be limited to the following:
Copyright infringed contents are not allowed. Videos, audios and visuals, using copyrighted content, scenes from movies or shows, song covers, name, trademark and logo used in any video content must be authentic and the creator’s own content. Content having elements of other’s content must have the permission of the said content owner and the content creator must be able to provide documented proof of consent from content creator, artist, composer, musician or copyright owner as and when asked for. Without infringing any copyrights, content that uses other content resources must mention the source.
All the contents uploaded to the platform must comply with all applicable laws and regulations.
Toffee encourages good quality content with good audio-visuals. However, it is not mandatory to make professional level content; they can be home-made videos. Content must add some value to the audience. Therefore, content can be feel-good, emotional, entertaining, educational, informative, or even inspiring.