Please review the following terms of use ("Agreement") that govern your use of Tweetswirl.com (“Tweetswirl.com” or the “Site”) and any services offered on the Site now, or in the future (the "Services"), which may include, but not be limited to social networking, event pages, API access or RSS feeds, and provided by Tweetswirl.com or other partners or affiliates. Your use of any Services will constitute your agreement to comply with the terms of this Agreement. If you cannot agree to and comply with this Agreement and its requirements, please do not use the Services and exit Tweetswirl.com. In addition to reviewing this Agreement, you should also read our Privacy and Security Policy to better comprehend how we collect and use your personal information. Your use of Tweetswirl.com and its Services constitutes your agreement to its terms and conditions as well.
Changes to Agreement and Additional Rules of Usage
Tweetswirl, Inc. ("Tweetswirl") reserves the right, at any time and without prior notice, to modify, alter or update this Agreement. Continued access to Tweetswirl.com and use of the Services by you will constitute your acceptance of any changes or revisions to the Agreement. Tweetswirl also reserves the right to post, from time to time, additional rules of usage that apply to specific parts of Tweetswirl.com, which may be posted in the relevant parts of Tweetswirl.com, and will be clearly identified. Your continued use of Tweetswirl.com constitutes your agreement to comply with these additional rules.
Termination
Tweetswirl reserves the right without notice, at any time and for any reason, to terminate Tweetswirl.com or any portion thereof or any Services offered through Tweetswirl.com.
Suspension or Termination of Your Use
Your failure to follow the requirements of this Agreement may result in suspension or termination of your access to the Site or the Services, without notice. Tweetswirl further reserves the right to terminate, without notice, any user's access to or use of Tweetswirl.com and the Services for any reason at any time and to refuse service to anyone for any reason at any time.
Ownership of the Site and Content
Tweetswirl.com and the Services are expressly owned and operated by Tweetswirl. "Tweetswirl" and "Tweetswirl.com" and the Tweetswirl and Tweetswirl.com logos are trademarks of Tweetswirl, Inc. By posting Content (defined below) or engaging in any other form of communication through Tweetswirl.com or the Services, you represent and warrant that you are the legal owner of such Content or other communication and you hereby grant Tweetswirl, and represent and warrant that you have the right to so grant, a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, perform, display, transmit and distribute such Content or communication and to prepare derivative works of, or incorporate into other works, and to grant and authorize sublicenses of the foregoing, for any purpose, including commercial purposes.
Use of Tweetswirl.com and the Services by You
When using Tweetswirl.com or its Services:
- You agree to use Tweetswirl.com and the Services only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. International users agree to comply with all local laws regarding online conduct, intellectual property rights and acceptable content;
- When you provide your Twitter username and password, you authorize Tweetswirl to send information to and receive information from Twitter on your behalf;
- The Site is not directed to persons under age 13;
- We ask that minors (ages 13 through 17) only use Tweetswirl.com in conjunction with your parents or guardians.
- You consent to communications from us electronically and agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- You are responsible for any activity that occurs under your screen name and you are responsible for keeping your password secure.
- You agree that all Content posted by you is either original material created by you or you have the right to post that Content (text, photos, images, links or other such similar content);
- You agree that Tweetswirl may post advertising on the Site or the Services and that you will not be entitled to share in any revenues that may be generated from such advertising without a separate agreement in writing between you and Tweetswirl for such purpose;
- You acknowledge that any information posted on Tweetswirl.com or the Services is public information that may be viewed and collected by any party that is a registered user of Tweetswirl.com or any Service and Tweetswirl cannot control the use of such information and you acknowledge that your posting and use of Content is at your own risk.
- You acknowledge that Tweetswirl has not reviewed and does not endorse the content of third party sites linked to and from Tweetswirl.com and/or the Services and is not responsible for the content or actions of any of these other sites. Your linking through Tweetswirl.com or the Services to any site is at your own risk. When you access and use any such third party site, your rights and responsibilities will be governed by the terms of use and policies of that site, and not those of Tweetswirl.com;
- You must not create or submit unwanted communications to any Tweetswirl.com members ("Spam"); and
- You must not must not modify, adapt, misappropriate or hack Tweetswirl.com or its Services or transmit any worms or viruses or any code that may cause damages to Tweetswirl.com, the Services, or other users.
Unacceptable Content
Tweetswirl.com and the Services facilitate your ability to post content which may include information, text, images, photographs, graphics, comments and reviews, and other materials ("Content") to Tweetswirl.com and the Services, subject to the restrictions set forth in this Agreement. If you post any Content to any portion of Tweetswirl.com or the Services, you agree not to post any unacceptable Content ("Unacceptable Content"). Unacceptable Content includes, but is not limited to, Content that is:
- Is lewd, profane, obscene, or indecent, including any Content that is violent or pornographic or that contains nudity;
- Is harassing, threatening, abusive, inflammatory or otherwise objectionable, including Content used to harass, stalk or threaten a person;
- Is unlawful or that could facilitate the violation of any applicable law, regulation or governmental policy;
- Offers or disseminates any fraudulent goods, services, schemes or promotions, including any "make money fast" schemes or pyramid schemes;
- Is libelous, defamatory, or knowingly false or misrepresents another person;
- Seeks to impersonate any person or entity, or falsely state or otherwise represent your affiliation with a person or entity;
- Promotes an illegal or unauthorized copy of another person's copyrighted work, or infringes upon the intellectual property rights of any third party, including the copyrights, trademarks, trade names, trade secrets or patents of such third party, or is posted without the express permission of the owner(s) of such rights;
- Includes any material that is encrypted or that involves the transmission of "junk mail," unsolicited mass mailing or spamming, or unauthorized advertising;
- Is harmful to Tweetswirl's or any other party's systems and networks, including any transmissions which may damage, interfere with, surreptitiously intercept, or expropriate any system, program, data or personal information;
- Violates any obligation of confidentiality or violates the privacy, publicity, moral or any other right of any third party; and
- Consists of any other Content that Glam in its sole discretion deems to be Unacceptable Content.
- Tweetswirl reserves the right to delete, edit and or remove at any time, without notice, any Content that it deems to be, in its sole discretion, for any reason objectionable or Unacceptable Content.
Content Posted by Users is not Endorsed by Tweetswirl
Any Content placed on Tweetswirl.com or the Services, including advice and opinions, are the views and responsibility of those who post the Content and do not necessarily represent the views of Tweetswirl or its third party service providers, if any. You agree that Tweetswirl and its third party service providers are not responsible, and shall have no liability to you, with respect to any Content posted by others, including Unacceptable Content that violates this Agreement.
Indemnification
You agree to indemnify Tweetswirl and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorney’s fees) which may arise from your Content submissions, from your unauthorized use of Tweetswirl.com or the Services or from your breach of this Agreement.
Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Site and the Services at your own risk. The Site, the Services and all information, including Content, are provided "as is," and to the full extent permitted by applicable law, Tweetswirl, its affiliates and its third party service providers, if any, hereby expressly disclaim any and all warranties, express and implied, including, without limitation, any warranties of accuracy, completeness or reliability, title, noninfringement, merchantability or fitness for a particular purpose, or any other warranty, condition, guarantee or representation, whether oral, in writing or in electronic form. Tweetswirl, its affiliates and its third party service providers shall not be liable to you or any third parties for any direct, indirect, special, consequential or punitive damages arising out of this Agreement and the provision of any services hereunder. You hereby agree to release Tweetswirl, its affiliates and third-party service providers, and each of their respective directors, officers, employees, and agents from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with your use of this Site and the Services.