Twin Mobile Application Term of Use

 

 

  1. Overview

    PLEASE READ THIS HEREIN TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE TWING APP.

    1. The TWING Mobile Application (“TWING”, “App”, “TWING App”) provides a friendly and safe environment for Children between 13-18 years old and it is operated by TWIN Yazılım Mühendislik Sanayi Ve Ticaret Joint Stock Company located in Turkey/İstanbul İtü Mag.İleri Aş. Kuluç. Merk. R.Paşa Mah.Katar Cad.No:4/1101 (“TWIN”, “we”, or “us”). TWING includes such features as online communications like direct messaging/chat, video and picture posts, comments, liking and sharing.

    2. These Terms of Use (“Agreement” or “Terms of Use”) apply to the TWING App. If you have any questions about these Terms of Use or our privacy policy, please contact us at.

       

  2. Definitions

    The definitions regarding the TWING are stated within the table below.

     

    Guest

    Person who downloads and accesses the App without being registered as a user.

    Member

    Person who has completed and submitted all the required registration forms within the TWING App for creating their personal account.

    Child

    Person under 16 years old who wishes (or has registered) to be a Member of TWING App.

    Parent

    Child’s parent or legal guardian who wants to register (or who has registered) their Child as a

    Member of TWING App

    Parent Email

    Parent’s or legal guardian’s e-mail address that is

    provided by the user under 16 years old registering their account on The TWING App.

    Adult

    Person who is over the age of 18 registering on

    TWING App.

    You

    It refers to you as the Parent and legal guardian and your Child to whom you have granted access

    to the Site.

    Non-Approved Child

    Child who is registered with the App but has not

    yet been activated and/or approved by the Parent.

    Approved Child

    Child who has created an account that has been activated and/or approved by a Parent or legal

    guardian. TWING members have full access to the App.

    User

    It refers to the Member, Guest and the Adult

    jointly.

    Account Approval

    It is a method by which Parents with Children under 16 years old approve their Children to participate in social media platforms by agreeing to the App’s Privacy Policy and Terms and Conditions and providing verifiable parental consent using the secure in-app purchase and

    agreeing to our privacy policy.

     

  3. General Principles

    1. Using and/or visiting TWING means agreeing with the terms below;

       

      1. to be bound by these terms and conditions,

      2. to acknowledge and accept our privacy policy,

      3. to be bound by the other materials such as policy and legal notices that may be posted on the App from time to time.

       

      IF YOU ARE A PARENT OR GUARDIAN YOU ACCEPT TO BE BOUND BY THESE HEREIN TERMS

      FOR YOUR CHILD’S USE OF THE APP WHEN YOU APPROVE HIS/HER USE.

       

  4. Modification Clause

    It is possible and likely for the Agreement terms to be modified upon the updates in time. Also, it is concurred that you agree with the updated terms upon your use after the modifications. For this reason, it is essentially important for you to periodically check this Agreement’s terms. This Policy was last updated on .

     

  5. Eligibility for Use and Membership, and Ability to Accept Terms of Use

    1. In order to become an TWING member you must be seventeen (17) years old or younger.

    2. If you are older than seventeen (17) years old you may only register the Application, with a limited Adult profile.

    3. Only the persons who are eighteen years old or older may approve their own Child’s TWING account.

    4. Parents and Legal Guardians affirm they approve their own Child’s registration process and the Child is seventeen (17) years old or younger. Further, they commit that they have read this herein Agreement and the TWING Privacy Policy and they have full competency to enter into the terms, conditions, obligations, affirmation, representations and warranties within this Agreement’s scope and context.

    5. We require to know who you and your Child are to be able to attain friendly and safe environment within the context of the App. Thus, the Child Members and their parents are prompted to present personal information.

    6. The users agree, undertake and declare following regard to their use of TWING;

       

      1. all of the submitted information during the registration process are true, accurate, complete, and up to date,

      2. the aforementioned information will be kept up to date by promptly performing updates and revisions,

      3. The use of TWING shall not violate any applicable law and the users shall always engage in activities in a lawful manner.

       

    7. TWING has right to initialize inquiries by its own means or by the assistance of the third parties in order to verify the truthfulness of the information submitted by the users. For instance, age and identity verification procedures may be adopted by TWING or third party services may be acquired in this regard.

       

    8. Also, TWING reserves its rights to initialize legal procedures against any kind of misrepresentation in relation to the personal information that are to be provided by the users. Under any circumstances, the truthfulness of the information to be submitted by the user is not guaranteed by the TWING.

       

  6. Registration Information and Membership Security

    1. Children are able to initialize their registration process without their Parent’s supervision. Yet, in order for the Child to gain full access to the App and begin to share his/her personal information with the App or the other Users, he/she has to complete the registration process. The Child’s registration process may only be completed and finalized by parental consent.

    2. Children are asked to provide the following information during the registration process:

       

      Information Collected During Registration

      Purpose

      TWING User Name

      It is collected and shared publicly for identifying the User and providing him/her to interact with

      the App and the other Users.

      Password

      It is asked for the User to create one that is to be known only by him/her for enabling a secure and

      personal access to the App.

      Date of Birth

      It is essentially important to identify for providing a secure and friendly environment within the

      context of the App.

      Parental E-mail Address

      This information is asked to attain parental

      consent for the Child.

       

    3. Children gain full access to the App and all its features, only after their Parent approves the account.

    4. The Child’s registration shall not be complete until his/her Parent completes the registration process by activating and/or approving the Child’s account. Once the Child is approved by a Parent, she/he becomes an TWING Member and the Child will have access to all the features in the App.

    5. All of the Users shall oblige with certain set of rules regard to their Username and Password, and the use of the App. These obligations are set forth with the aim of providing a secure and safe environment for all of the Users and improve their reliability of the amicable User experience.

    6. Thus, within the spirit of this notion the Users agree and declare that;

      1. Their Username shall not be profane and/or include elements of profanity

      2. Under any circumstance, they shall not misrepresent their identity and affiliations with other persons by any means especially by providing false information. Thus, it is strictly forbidden to be involved in activities such as using other person’s username, password, name, photos, likeness, etcetera.

      3. Any breach of security related with the TWING, including unauthorized use of any User’s information shall be promptly notified to the App.

      4. The password shall be treated as a confidential information and shall not be disclosed with any other person. TWING is not liable for any unauthorized use of the Member information, yet, the Member may be liable for the losses suffered by the TWING or other parties related to the App.

      5. TWING do not guarantee uninterrupted use of the App. Thus, TWING, in its own discretion, may cease and/or modify its part of the functions and/or features, or halt its existence entirely, at any given time without any prior notice, unless, it is otherwise envisaged by the law.

      6. TWING is not an internet service provider, so that, any fees and/ or charges that are to be billed in relation with the internet use relating to the App do not fall within the scope of TWING’s liability.

       

  7. Subscriptions

    1. The subscriptions within the TWING are automatically renewed monthly until they are cancelled by the User.

    2. The subscriptions shall be only benefitted by the sole User. Hence, one subscription shall not be used by multiple users.

    3. The Users accessing the App via a IOS devices are also bounded by Apple App Store Payment Terms. Thus, their subscriptions are automatically renewed monthly unless cancelled 24 hours before the end of the foregoing period. The cancellation and management of the App is acquired by utilizing the App Store’s account settings.

    4. The Users accessing the App via Android devices are also bounded by Google Play Payment Terms. Thus, their subscriptions are automatically renewed monthly unless cancelled 24 hours before the end of the foregoing period. The cancellation and management of the App is acquired by utilizing the Google Play’s account settings.

       

  8. Strictly Forbidden Restrictions

    Any and all uses mentioned below, and the acquisition, reproduction, process and use of the contents or the insertion of any link to such contents are strictly forbidden.

     

    • The use of the App by the User or a third party to create, control, update or change a database, record or guideline that belongs to the user or a third party;

    • The use of the App in its entirety or any part thereof for violation, modification or reverse engineering purposes;

    • The use of the App for any unlawful purpose or for fraudulent transactions,

    • The use, reproduction, change, transmission or replacement of the App content or the contents of any third party in its entirety or any part thereof without any permission as the same may be under the protection of law or may be copyrighted, including personal confidentiality or broadcast/ publication rights;

    • Distribution of chain letters or spam;

    • Transmission of any virus, malware or other damaging technology for the App, its database or any content on the App;

    • Collection of any information of other visitors like their e-mail addresses, without any permission;

    • Attempts to have access to the App in a manner that poses unreasonably or disproportionally large loads on the communications and technical systems designated by the App or that somehow blocks, ceases, disrupts, spoils or modifies them in any manner;

    • Use of “screen scraping” software or systems such as automatic programs, robots, web crawlers, spiders, data mining or data crawling on the App without the Platform’s prior written consent, and the unauthorized reproduction, publication, broadcast or use of any content on the App this way; unauthorized use of App and any contents on it without permission and beyond such limits of use as defined herein is unlawful, and the Platform reserves its right to immediately suspend or cancel the membership and to institute any legal proceeding or to make any claim without any fee refund.

     

  9. Connection Quality

    The connection quality and its fees of the visitors may vary depending on their connection speeds. This may affect the performance in using the App, but TWING under no circumstance shall be liable in this regard. Fees and additional costs arising from any connection for any device shall be borne by the User.

     

  10. Commercial Use Restriction

    Under any circumstances, the app shall not be used for commercial purposes and benefit. It is strictly designed and utilized for personal use only.

     

  11. Third Party Advertising

     

    In the means of using the App you can see third-party advertisings. These advertisements are posted by our sponsors, and they do not have access to your personal information. However, whence you click on the advertisement you are leaving the App and being directed to the third party web browser in which you are no longer bounded by our Terms of Use.

     

  12. User Content and Publicly Accessible Information

    1. Any interactive communications/features/functions/sites within TWING constitute publicly accessible information. The Users have liabilities in respect of the publicly accessible information and any content they create within TWING.

    2. In regard to this the Users agree, undertake, and declare that;

      1. Publicly accessible information shall not be expected to be private communication

      2. The Users disclose the publicly available information at their own risk, meaning that, TWING do not hold any responsibility to provide security of the publicly accessible information.

      3. The Users have the sole liability regarding any content they create regardless of they are being publicly accessible or not. The Members shall not create any content that may disturb other users, including the materials of nudity, profanity, blasphemy, violence, etcetera. TWING reserves its rights to initialize legal and criminal proceedings against the Members or their Parents when this provision is violated.

      4. Any content that are to be created by the Users whence using App, may be monitored at any given time without prior notice by the TWING.

      5. TWING do not provide any guarantees in regard to the disposal of the any content that are to be created by the Users. Thus TWING reserves its right to refuse to modify, alter, erase, or take any action regard to such content in its own discretion.

      6. TWING has no liability preserving or allowing the contents that are to be created by the Users to take place on the App. Thus, TWING, in its own discretion may refuse to allow such contents to be created on the App, and erase any of them at any given time.

       

  13. Intellectual Property Rights

    User agrees, declares and commits that, he/she shall not duplicate, copy, distribute or process the pictures, visual and auditory contents, videos, document data bases, catalogs, lists and likewise contents on the App with the purposes and means of violating the TWING’s and/or other third person’s real or personal rights or property, and shall not directly and/or indirectly compete with the TWING.

     

  14. Membership Termination

    1. Users may always terminate their membership for any reason by notifying TWING at (.).

    2. The membership shall be terminated by TWING after the 48 (fortyeight) to 72 (seventytwo)

      hours of the notice’s receipt.

    3. TWING may deactivate, terminate, suspend or forbade the future use of the App in its own discretion, without prior notice and without being liable to the Users.

    4. This herein Agreement shall be in effect even after the Membership’s termination.

       

  15. Transfer of Membership and Assignment

    1. Under any circumstance the Membership, this herein Agreement and its terms shall not be assigned or transferred without TWING’s prior written consent.

    2. It is possible for the TWING’s rights and obligations under this herein Agreement to be assigned to a subsequent owner or operator of the App in a merger, acquisition, or sale of all or substantially all of TWING’s assets.

  16. Privacy

    1. TWING cares and takes all of the necessary administrative and technical precautions to secure

      the User’s privacy.

    2. Users may access detailed information regarding the terms and conditions of their processed personal data within the scope of their Web Site use and membership account, from the TWING Policy on Personal Data Protection and Processing on the (.).

    3. Detailed information regarding cookies’ parts and functions within the scope of the Web Site

      use, can be accessed from TWING Cookies Policy on the (.).

       

  17. Other Terms

    1. The User agrees, represents and undertakes that all electronic and system records and commercial records as well as book records, microfilms and microfiches and computer records maintained at the App and its servers shall constitute valid, binding, conclusive and exclusive evidence in case of any dispute that may arise.

    2. All of the disputes stemming from the scope of this herein Agreement shall be settled under the United Kingdom Law. London Courts and Enforcement Offices have the sole authority to settle the disputes.

    3. This herein Agreement enters in force at the moment of User’s access to the Web Site.

    4. User agrees, declares and commits that he/she read the whole Agreement and fully understood it.

    5. User agrees, declares and commits that he/she read the whole TWING Policy on the Personal Data Protection and Processing which is an inseparable part of this herein Agreement and fully understood it.