1. Acceptance of Terms
These Terms of Service constitute a binding legal agreement between Twylah and you. By visiting, using and/or registering with the Site, you (i) agree with, and agree to comply with, these Terms of Service and (ii) represent and warrant that you have the legal right to do so on your behalf. You are authorized to use the Site (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations and the terms of this Agreement (“Applicable Law”).
If you do not agree to these Terms of Service, then you may not access or use the Site and must exit the Site immediately and discontinue any use of information or products from this Site. Twylah’s acceptance is expressly conditioned upon your assent to all of the terms and conditions of these Terms of Service, to the exclusion of all other terms; if such terms and conditions are considered an offer by Twylah, acceptance is expressly limited to these terms and conditions.
2. Modifications of Terms of Service
Twylah reserves the right to change or modify these Terms of Service at any time in its sole discretion. Any change or modification made by Twylah will be effective immediately upon being posted on the Site. Your continued use of the Site after any changes or modifications to the Terms of Service are posted will constitute your acceptance of the changes or modifications. Changes can be viewed by clicking on the Terms of Service link on the Site, and we encourage you to do so, and to review these Terms of Service, from time to time.
These Terms of Service were last updated: November, 2010.
3. Use of the Site
By using the Site, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the Site does not violate any Applicable Law. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 13 years of age, if we believe that you are under 18 years of age and you represent yourself as 18 or older, or if we believe you are over 18 and represent yourself as under 18.
3.2 User Account and User ID
You acknowledge and agree that (a) You will provide accurate, truthful and complete information and will promptly update such information to maintain its accuracy, truthfulness and completeness; (b) Your User ID and User Account is for your personal use only (which, if you are an agency or other entity, will include use by your authorized representatives on your behalf) and may not be disclosed or transferred to any third party; (c) You are solely responsible for the security and confidentiality of your User ID and for all use of the Site that occurs in connection with your User ID and User Account, with or without your knowledge; (d) You will completely log out of the Site at the end of each session and will notify Twylah immediately if you learn of any unauthorized use of your User ID or User Account; and (e) Twylah will not be liable for any loss or damage arising from your failure to comply with this Section. Twylah reserves the right to reclaim User IDs on behalf of businesses or individuals that hold legal claim or trademark on those User IDs.
3.3 Rules of Conduct
Twylah is an easy way to turn your tweets and posts into a mini-blog, and to make your realtime streams navigable and discoverable. Twylah hereby grants you a limited, revocable, nonexclusive right to access and use the Site, as set forth in these Terms of Service. Your limited license to use the Site is expressly conditioned upon your compliance with the below rules and your agreement to and compliance with the following: (a) You will not to use the Site for any purpose that is unlawful or prohibited by these Terms of Service, or any other purpose not reasonably intended by Twylah; (b) Your use of the Site must be in compliance with all applicable laws, rules, and regulations; and (c) You will otherwise comply with these Terms of Service, including the rules of conduct in this Section. Further, Twylah has a few rules that you must follow:
Violation of any of these rules will result in the termination of your Twylah.com account. You agree and covenant that any and all information you provide in connection with your use of the Site (such as, but not limited to, when registering for your User Account, reporting information to Twylah or posting to the Posting Areas (as hereinafter defined)) will be true, accurate, and complete at the time provided, and you will maintain, update, and correct such information regularly as required to maintain its truth, accuracy and completeness.
3.4 Interactions with Other Users
You are solely responsible for your interactions with other users of the Site. Twylah reserves the right, but has no obligation, to monitor Twylah between you and other users of the Site. IF YOU HAVE A DISPUTE WITH ANY OTHER USER OF THE SITE, YOU RELEASE TWYLAH (AND ITS AGENTS, OFFICERS, PRINCIPALS AND EMPLOYEES) 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 SUCH DISPUTE.
4.1 User submissions and content
All content on the Site, including but not limited to materials, text, software, data, images, graphics, photos, audio, audiovisual, videos, and content of any nature provided by Twylah (“Content”) or by other users of Twylah (“User Submissions”) to Twylah is owned by the party contributing such content. As a user of Twylah, you are solely responsible for your own User Submissions. By transmitting your User Submissions to the Site or otherwise through or using Twylah you represent that you have all rights and authorizations necessary to post, submit, display, produce, or otherwise transmit, such content. You agree that you will not submit material that is or contains the intellectual property of a third party that you do not have permission to use.
When using Twylah, you may be exposed to User Submissions from a variety of sources, and Twylah is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions, which may be inaccurate, infringing, offensive, indecent, or objectionable. You understand that all information publicly posted or privately transmitted through Twylah is the sole responsibility of the person from which such content originated and that we are not and will not be liable for any errors or omissions in any content. You understand that we cannot guarantee the identity of any other users with whom you may interact in the course of using Twylah. Additionally, we cannot and do not guarantee the authenticity or accuracy of any data that users may provide about themselves or relationships they may describe. TWYLAH ASSUMES NO RESPONSIBILITY, AND MAKES NO REPRESENTATIONS, WARRANTIES, RECOMMENDATIONS, ENDORSEMENTS, OR APPROVALS, WITH REGARD TO USER SUBMISSIONS. Under no circumstances will Twylah be liable for any loss or damage arising out of or relating in any way to any User Submissions, including, but not limited to, (a) any errors or omissions in any User Submissions, (b) any loss or damage of any kind incurred as a result of the use of or reliance on any User Submissions, (c) use or misuse by any Site user or third party of any User Submissions that you post in connection with your use of the Site, such as on the Posting Areas (as described further below) or (d) your exposure to offensive, indecent or otherwise objectionable User Submissions via the Site. We do not guarantee any confidentiality with respect to any User Submissions and will not treat any User Submissions as confidential.
While we have the right to monitor activity and content associated with Twylah, including User Submissions, and to remove any User Submissions 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 Submissions), or for no reason at all. However, you acknowledge and agree that Twylah has no responsibility to, and may or may not, do the foregoing. As such, we do not guarantee the accuracy, integrity or quality of any content submitted by users to Twylah. It is your responsibility to evaluate the User Submissions, and any other information, content, opinions and advice, available on the Site. Because community standards vary and individuals sometimes choose not to comply with our policies and practices, in the process of using Twylah, you may be exposed to content that you find offensive or objectionable. You can contact our Customer Service Department to let us know of content that you find objectionable. We may investigate the complaints and violations of our policies that come to our attention and may take any action that we believe is appropriate, including, but not limited to issuing warnings, removing the content or terminating accounts and/or subscriptions. We also, however, reserve the right not to take any action. Under no circumstances will we be liable in any way for any content, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any content on the Site.
4.2 Profile and Posting Areas Content
By accepting these Terms of Service, you agree to indemnify and otherwise hold harmless Twylah, its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of Twylah; ii) unauthorized access to or alteration of your communications with or through Twylah, or iii) any other matter relating to Twylah. Any business transactions which may arise between users from their use of Twylah are the sole responsibility of the users involved, and we disclaim any and all responsibility for such transactions.
6. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THESE TERMS OF SERVICE OR RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE SITE, FROM INABILITY TO USE THE SITE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR ANY LINKED SITES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR THE SERVICE OR ANY LINKED SITES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU AND THE EXTENT OF TWYLAH’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL OUR TOTAL CUMULATIVE LIABILITY EXCEED US $10.00.
7. Intellectual Property Rights
Content on the Site is owned by or licensed to Twylah and, in many cases, is protected by intellectual property rights under U.S., foreign and international law. Twylah grants you a non-exclusive, non-transferable, non-sublicensable limited right to access, use and display the Content and pursuant to these Terms of Service. The Twylah service makes it possible to post Content hosted on Twylah to outside websites. This use is accepted (and even encouraged!). However, pages on other websites which display data hosted on Twylah.com must provide a link back to Twylah.
All rights not expressly granted by these Terms of Service are reserved by Twylah and its licensors, and no license is granted hereunder by estoppel, implication or otherwise. Without limiting the foregoing, except as expressly permitted in these Terms of Service, you may not copy, sell, display, reproduce, publish, modify, create derivative works from, transfer, distribute or commercially exploit in any manner the Content.
Twylah, the Twylah logo, and other Twylah logos and names are trademarks of Twylah. You agree not to display or use these trademarks in any manner without our prior written permission. The section titles of these Terms of Service are displayed for convenience only and have no legal effect. Please send any questions or comments, or report violations of these Terms of Service, to help-at-twylah-dot-com.
You agree that Twylah, in its sole discretion, has the right to discontinue the Site. You further agree that Twylah, in its sole discretion, has the right to delete or deactivate your User Account, disable your User ID, remove or delete User Submissions or otherwise terminate or disable your access to or use of the Site (or any part thereof), in each case immediately and without notice for any or no reason, including, without limitation, if you violate, or if Twylah believes that you have acted inconsistently with the letter or spirit of, these Terms of Service. You also agree not to attempt to use the Site after any such termination. Sections 5, 6, 7, 8, 9 and 10, as well as those provisions that by their nature should survive termination, will survive termination of these Terms of Service.
YOU AGREE THAT TWYLAH SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY TERMINATION OF THESE TERMS OF SERVICE, YOUR USER ACCOUNT OR YOUR ACCESS TO THE SITE.
9. Links to Third Party Sites
This Site may contain links to web sites not owned or operated by Twylah (“Linked Sites”). Twylah’s provision of such links is for your convenience only and does not create or imply any relationship or partnership between Twylah and the operator of such Linked Site. Twylah does not author, edit, control or monitor any Linked Site. You acknowledge and agree that Twylah has no responsibility for the information provided by Linked Site and that Twylah does not control or endorse the sponsors of such Linked Site or the information, content, advice, products or services presented on such Linked Site. Twylah may remove any links at any time for any reason or for no reason.
TWYLAH WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY LIABILITY ARISING FROM OR RELATED TO ANY LINKED SITE, INCLUDING WITHOUT LIMITATION (I) ANY TRANSACTIONS conducted WITH THIRD PARTIES ON LINKED SITES; (II) THE INFORMATION, CONTENT, ADVICE, PRODUCTS OR SERVICES AVAILABLE ON LINKED SITES AND (III) ANY DISPUTE ARISING OUT OF YOUR VISIT to OR USe of ANY LINKED SITE. YOU HEREBY RELEASE Twylah (and its agents, OFFICERS, PRINCIPALS and employees) 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 THE FOREGOING.
Please direct any concerns regarding any Linked Site to its respective site administrator, systems operator or webmaster, or bring it to Twylah’s attention by emailing help-at-Twylah-dot-com.
10. Disclaimer of Warranties and Limitation of Liability
Your use of the Site, and all content and services available on the Site are provided 'as-is' with no warranty of any kind. You use the service at your own risk and responsibility. Twylah expressly disclaims any warranty, express or implied, regarding the site or its content, including without limitation any implied warranty of merchantability, fitness for a particular purpose, or non-infringement.
EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS, TWYLAH MAKES NO REPRESENTATIONS OR WARRANTIES (I) THAT THE FUNCTIONS OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, (II) THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, (III) THAT THE SITE, THE SERVER THAT MAKES IT AVAILABLE, OR THE CONTENT AVAILABLE ON THE SITE ARE FREE OF VIRUSES, BUGS OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY CONTENT AVAILABLE ON THE SITE IS ACCURATE, RELIABLE, COMPLETE, CURRENT OR TIMELY. TWYLAH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING USE OF THE SITE OR CONTENT OR SERVICES AVAILABLE ON THE SITE, WHETHER IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT TWYLAH) ARE SOLELY RESPONSIBLE FOR ALL INFORMATION CONTAINED IN YOUR USER ACCOUNT AND YOU ASSUME THE ENTIRE RISK OF ANY RELIANCE ON THE SITE AND ALL CONTENT AND SERVICES AVAILABLE ON THE SITE.
11. Notice And Procedure For Making Claims Of Copyright Infringement
Twylah respects the intellectual property of others and asks users of the Site to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Twylah’s Copyright Agent the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the allegedly infringing material is located on the Site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are, or are authorized to operate on behalf of, the copyright owner.
For notice of claims of copyright infringement, reach us at help-at-Twylah-dot-com.
12. General Information
These Terms of Service constitute the entire agreement between you and Twylah and govern your use of the Site, superseding any prior agreements between you and Twylah. These Terms of Service and the relationship between you and Twylah shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and Twylah agree to submit to the personal and exclusive jurisdiction of the courts located within the county of San Francisco, California. The failure of Twylah to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms and Use are for convenience only and have no legal or contractual effect. The Terms and Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Twylah without restriction.
13. How To Contact Us
Should you have other questions or concerns about these terms of service, please send us an e-mail at help-at-Twylah-dot-com.