Effective Date: April 2nd, 2016
IMPORTANT LEGAL INFORMATION: PLEASE READ THIS — USER AGREEMENT CAREFULLY BEFORE USING THIS WEBSITE.
YOUR ACCESS TO AND — USE OF THIS WEBSITE, ANY OTHER OF OUR WEBSITES AND ANY OF OUR ONLINE CHANNELS WHERE THIS AGREEMENT ARE LINKED, SUCH AS BUT NOT LIMITED TO OUR MICRO SITES AND OUR PAGES ON SOCIAL MEDIA SITES, SUCH AS FACEBOOK OR TWITTER (ALL OF WHICH ARE THE FOREGOING IN THIS PARAGRAPH ARE INDIVIDUALLY AND COLLECTIVELY THE “SITES”) IS GOVERNED BY THIS AGREEMENT AND ALL APPLICABLE STATUTES, LAWS, REGULATIONS, RULES AND ORDERS. BY ACCESSING AND USING THE SITES, YOU WARRANT AND REPRESENT YOUR UNCONDITIONAL ACCEPTANCE OF ALL TERMS AND CONDITIONS OF THE AGREEMENT, WHICH IS A LEGALLY BINDING CONTACT BETWEEN YOU AND US. IF YOU DO NOT ACCEPT THIS AGREEMENT, DON’T VISIT OR — USE THE SITES.
Who We Are
Tweetbuzz is a Twitter marketing software.
Eligibility To Use Our Website
You may use our Services ONLY if:
You are 18 years or older or between the ages of 13 and 17 and using our Website and Services with the parental or legal guardian;
General Terms And Conditions
As a pre and continuing condition of your use of the Service and/or our Website you unconditionally promise:
Not to use the Service or our Website out of compliance with any and all applicable local, national and other applicable laws, regulations, ordinances, directives, court orders and this Agreement;
Not to use the Service or our Website to damage, disable, overburden or impair the Service, our Website, our networks or systems or not to interfere with any other person or entity (“Person”)’s legal or other rights AKN, use or enjoyment of the Service and our Website.
No to engage in, encourage, promote, facilitate or instruct others to engage in, promote or facilitate acts or omissions AKN which are illegal or in our sole subjection discretion (“Discretion”), may or will result in:
Take any action that imposes, or may impose, in our Discretion, an unreasonable or disproportionately large load on our infrastructure or otherwise may be disruptive;
SPAM, use or launch any automated systems AKN, such as so-called “robots,” “spiders” or “offline readers” that accesses our Website or Service in a manner that may or does send more request messages to the our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;
Attempt to or actually interfere with, compromise the system integrity or security, decipher any transmissions to or from our servers or otherwise interfere with the proper working of the our Website or the Service or bypass measures to prevent or restrict access to our Website or Service;
Are sales are final and non-refundable.
Electronic Communications Privacy Act Notice (18 USC §2701-2711): TWEETBUZZ MAKES NO GUARANTY OF CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED USING THE SERVICE, ON OUR WEBSITE, ANY WEBSITE LINKED TO OUR WEBSITE OR ON ANY OF THE OTHER SITES INCLUDING WITHOUT LIMITATION, THE PRIVACY OF EMAIL ADDRESSES, REGISTRATION AND IDENTIFICATION INFORMATION, DISK SPACE, COMMUNICATIONS, CONFIDENTIAL OR TRADE SECRET INFORMATION, OR ANY OTHER PROVIDED CONTENT STORED ON OUR EQUIPMENT, POSTED TO THE SITES, TRANSMITTED OVER NETWORKS ACCESSED BY OUR WEBSITE, OR OTHERWISE CONNECTED WITH YOUR — USE OF THE SERVICE.
We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You understand and acknowledge that you provide your personal information at your sole risk.
Third-Party Websites, Advertisers Or Services
You have a duty to fully and effectively indemnify and hold, on demand, to the broadest extent allowed by law, Tweetbuzz and each of our former, present and future officers, directors, shareholders, agents, designees, employees, assignees, successors, independent contractors, assigns, administrators, principals, parents, subsidiaries, affiliates, divisions, partners, co-venturers, members and attorneys (“Relation(s)”) harmless, at your sole cost and expense, from and against any and all Claims (including actual attorneys’ fees and all costs) occasioned by or arising out of any actual, alleged or anticipated breach (each a “Breach”) by you of this User Agreement, your use of the Service and/or materials or services available on or through the Sites in any unauthorized manner, your negligence, violation of any law, regulation, ordinance, directive or court order. We will notify you of any Claim and you have a duty to immediately undertake at your sole cost and expense our defense of that Claim, with competent and experienced counsel satisfactory to us in Company’s Discretion.
YOUR — USE OF THE SITES IS AT YOUR RISK. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ALL INFORMATION, PRODUCTS, MATERIALS AND SERVICES EKN PROVIDED ON OR THROUGH THE SITES ARE PROVIDED “AS IS” AND ‘AS AVAILABLE”, WITHOUT ANY WARRANTIES AKN. WE EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THESE INCLUDE WITHOUT LIMITATION: WARRANTIES OF MERCHANTABILITY, — USE, FITNESS FOR A PARTICULAR PURPOSE, SECURITY, TITLE AND NON-INFRINGEMENT; THAT THE SITES WILL BE ERROR-FREE OR UNINTERRUPTED SITES ACCESS; FAILURE TO STORE ANY OF YOUR COMMUNICATIONS OR PERSONALIZED SETTINGS; WARRANTIES ARRISING OUT OF COURSE OF DEALING, USAGE OR TRADE; WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT; AND, WARRANTIES RELATING TO THE ACCURACY, COMPLETENESS, LEGALITY OR — USEFULNESS OF ANY INFORMATION OR DATA AVAILABLE ON OR THROUGH THE SITES. WITHOUT LIMITING THE FOREGOING, Tweetbuzz, ITS SUBSIDIARUES, AFFILIATES AND LICENSORS DO NOT WARRANT: THAT Tweetbuzz CONTENT OR ANY PROVIDED CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR, THAT THE SERVICE IS FREE OF VIR– USES OR OTHER HARMFUL COMPONENTS INCLUDING WITH OUT LIMITATION ANY FAILURE OF ANY SERVICES OR PERKS TO MEET YOUR EXPECTATIONS. WE ARE NOT RESPONSIBLE IN ANY MANNER AKN FOR OFFERS MADE BY THIRD PARTIES THROUGH OUR WEBSITE. ANY CONTENT AKN DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE — USE OF THE SERVICE IS DOWNLOADED AT YOUR SOLE RISK AND YOU ARE AND REMAIN SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER EQUIPMENT EKN AND FOR ANY LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR OBTAINING. ANY AND ALL PRODUCTS AND SERVICES EKN OBTAINED ON OR THROUGH THE SITES ARE SUBJECT ONLY TO APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE OBTAINED ON OR THROUGH THE SITES, YOUR SOLE REMEDIES, IF ANY, ARE FROM THE APPLICABLE MANUFACTURERS, DISTRIBTORS AND/OR SUPPLIERS OF SUCH PRODUCTS OR SERVICES IN ACCORDANCE WITH THEIR RESPECTIVE WARRANTIES, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THEIR RETURNS AND REFUNDS POLICIES. WE ARE NOT RESPONSIBLE FOR AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS AND IMPLIED WARRANTIES, CLAIMS AND GUARANTEES EKN TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW WITH RESPECT TO THESE THIRD PARTY PRODUCTS AND SERVICES INCLUDING BUT NOT LIMITED TO: THOSE RELATED TO PRODUCT DEFECT OR FAILURE; CLAIMS THAT ARE DUE TO NORMAL WEAR AND TEAR; MIS– USE OR AB– USE; AND, IMPROPER PRODUCT OR SERVICE SELECTION.
Limitations Of Liability
Neither we nor our suppliers are responsible or will be liable for any damages to, or any viruses that may infect, your computer, other devices, telecommunication equipment or any other property AKN, caused by or arising from your access to, use of, or browsing the Sites or your downloading of any information or materials from the Sites.
IN NO EVENT WILL WE OR ANY OF OUR RELATIONS NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE SITES OR ANY OF THEIR RESPECTIVE RELATIONS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES AKN, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF THESE DAMAGES. AKN INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM: LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION; ARISING OUT OF THE — USE, INABILITY TO — USE OR THE RESULTS OF — USE OF THE SITES, ANY WEBSITES LINKED TO THE SITES OR ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES CONTAINED ON ANY OR ALL OF THE SITES; BUGS, VIR– USES, TROJAN HORSES OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR — USE OF THE SERVICE INCLUDING WITHOUT LIMITATION, UNAUTHORIZED — USE OF YOUR ACCOUNT OR THE INFORMATION CONTAINED IN IT, LOSS OF GOODWILL; TERM1NATION OF THIS AGREEMENT OR YOUR ACCESS TO THE SITES; OR, THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY — USER, MEMBER OR OTHER THIRD PARTY. IN NO EVENT WILL OUR LIABILITY FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY AKN, EXCEED THE PURCHASE PRICE PAID BY YOU OR ON YOUR BEHALF FOR THE APPLICABLE PRODUCTS OR SERVICES. WE HAVE SET THEIR PRICING BASED ON THESE LIMITATIONS AND THEY FORM A MATERIAL PORTION OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. THE FOREGOING LIMITATIONS SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TRMS OF — USE IS FOUND TO HAVE FAILED FOR ITS ESSENTIAL PURPOSE. THESE LIMITATIONS OF LIABILITY APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IN THE EVENT OF ANY PROBLEM WITH THE SITES OR ANY CONTENT ON OR AVAILABLE THROUGH THEM, YOUR SOLE REMEDY IS TO CEASE USING THE SITES. THE LIMITATIONS IN THIS PARAGRAPH 21 DON’T APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Waiver And Release
If you are a resident in a jurisdiction that requires a specific statement regarding waiver and release, then the following applies. For example, California residents must, as a condition of this Agreement, waive the applicability of California Civil Code Section 1542, which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” You unconditionally and irrevocably waive this section of the California Civil Code and any similar provision in law and any and all rights, any and all remedies AKN available per this User Agreement, by law, in equity or otherwise (individually and collectively “Remedy/ies”) and/or any and all benefits of them of and of any regulation or otherwise that has the same or similar effect or intent as the release in this section 22.
The Service is controlled and operated from its facilities in California. Tweetbuzz makes no representations that the Service is appropriate or available for use in any other locations. Those who access or use the Service from other locations do so at their sole volition and are entirely responsible for compliance with any and all local laws, regulations and ordinances including without limitation, to export and import regulations.
This Agreement and any rights, titles and interests granted under it, may not be transferred or assigned by you in whole or in part, but may in our Discretion be assigned by Tweetbuzz without restriction.
Miscellaneous, But Important Provisions
Termination: We may in our Discretion suspend or terminate your Account and/or access to the Service, without cause or notice. This may result in the forfeiture and destruction of all information associated with your Account. If you wish to terminate your Account, you may do so by following the instructions on our Website.
We also have the irrevocable right to change, suspend, or discontinue any or all aspects of the Sites including without limitation, links, at any time without notice, for any reason or no reason. All provisions of this Agreement that by their nature should survive termination do survive termination including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If there is any disagreement regarding whether or not a provision survives termination, our decision governs.
We also have the irrevocable right to disclose your identity or other information about you to any third party who claims that material Posted by you or on your behalf violates their rights including without limitation, their Intellectual Property rights or their right of privacy.
Governing Law: The Service is solely based in California and (the Service is a passive one that does not give rise to personal jurisdiction over Tweetbuzz, either specific or general, in jurisdictions other than California. This User Agreement are governed by the laws of the state of California as they apply to agreements entered into and to be performed entirely within California, regardless of California’s or any other state’s or jurisdiction’s conflict of law rules. In the event that any of the provisions of this User Agreement are held by a court or other tribunal of competent jurisdiction to be contrary to law, they are severed from this User Agreement and all remaining provisions continue in full force and effect.
Any and all Claims between you and us arising out of, connected with, or related to this User Agreement shall be brought for exclusive adjudication in our Discretion either: in the Federal of State Courts located in Los Angeles County, California or for binding arbitration before a sole arbitrator by JAMS or another alternative dispute resolution entity of our Discretion (“AE”) located in Los Angeles County, California subject to the rules of that AE as of the date of that Claim’s submission to that AE and further subject to the California Code of Civil Procedure sections relating to arbitration or alternative dispute resolution, as applicable. If submitted to an AE, you and we must each choose an arbitrator from the AE’s list within thirty (30) days after submission of the Claim to the AE. The two (2) chosen arbitrators will then together choose the sole arbitrator as soon as practicable. Should either you or we fail to choose an arbitrator within the thirty (30) days, then the other party has the sole right to choose the sole arbitrator. Judgment upon any award by the arbitrator may be entered in any California court having jurisdiction of it. This arbitration provision remains in full force and effect notwithstanding the nature of any Claim or defense to it. You and we both irrevocably waive any claim that the courts or an AE in Los Angeles County, California doesn’t have jurisdiction or are an inconvenient forum. Any legal process in a Claim may, in addition to personal service, be served by a party as provided for in subsection 24 c) below and has the same force and effect as personal service within California. In the event of any Claim, the prevailing party must be awarded its all of its attorneys’ fees and all costs from the non-prevailing party. The court or arbitrator, as applicable, must determine who the prevailing party is, whether or not the Claim proceeds to final adjudication.
The United Nations Convention on Contracts for the International Sale of Goods is specifically disclaimed by you and us. Nothing in this section 24 is a waiver of any of our Remedies, or precludes us from either instituting a Claim in any jurisdiction or from joining you in a Claim brought by a Person against us in any jurisdiction, although our failure to join you in any Claim in one instance is not a waiver of any of our rights with respect to that Claim or any subsequent Claim brought by a Person against us.
A printed version of the current version of this User Agreement is admissible in any proceedings based upon or relating to this User Agreement, to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Notices. Notices to you may be made in our Discretion by posting to the Sites, by providing links to those notices, by email, messenger, UPS or by other confirmed delivery service (“Delivery Service”) (in the latter three situations, to your most recent address that we have on file). Posted notices are effective on posting. Notices emailed, sent by messenger or Delivery Service are effective on the date of your receipt, provided that we receive written or printed confirmation of your successful receipt.
English Language. As a courtesy and convenience only, this Agreement may in our Discretion be translated and available in languages other than English. Notwithstanding any translation into another language, the English version of this Agreement governs. All Claims must be communicated in English.
You have a duty to comply with all laws, restrictions and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act (“Export Laws”), you Warrant that you are: (i) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control (“OFAC”) comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals (“SDN”) listed by OFAC as updated from time to time and (ii) not otherwise prohibited under the Export Laws from receiving those products and information.
Cooperation with Authorities and Law Enforcement. We have the irrevocable right to report to law enforcement authorities any actions that may be considered illegal, as well as any reports we receive of possibly illegal conduct. When requested, Tweetbuzz will cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Service or our Website
Participation in the Tweetbuzz affiliate program is governed by the Affiliate Terms and Conditions which are part of this User Agreement.
Our Website © E-MAGINE unless otherwise noted. All rights reserved.
Please contact us at firstname.lastname@example.org with any questions regarding this User Agreement.
END OF — USER AGREEMENT.