TWUFFER™ TERMS & CONDITIONS OF USE
1. SERVICE DESCRIPTION
Our Service consists of services and an internet web site or mobile application hosted or made available by us, which you may use for the communication or exchange of information with us, or the communication, interaction, or exchange of information with other users, or the interaction with other social media platforms or accounts (collectively, the “Service”).
2. YOUR LICENSE TO ACCESS AND USE SERVICE
Subject to our terms and conditions in these Terms & Conditions of Use, Twuffer grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to use our Service and (ii) you are not barred from using the Service under the laws of the United States.
In order to access and/or use the Service and establish an account with us, you will be required to provide identification, contact and other information as part of any registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may also be provided with a username and/or password to access or use the Service (the “Account Information”). You agree to immediately notify us of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure.
3. USER CONDUCT
You acknowledge and agree that all information, data, text, images and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service (“Content”), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to verify, pre-screen, reject, review, quarantine, delete or move any Content submitted to our web site by you via the Service.
You acknowledge that Twuffer does not verify the accuracy or authenticity of all Content submitted to Twuffer or uploaded to or shared by the Service.
You further agree to NOT:
(a) use our products or the Service for illegal purposes or for promotion of unlawful activities;
(b) forge or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(c) upload, post or to otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
(d) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service;
(g) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Federal Trade Commission, U.S. Securities and Exchange Commission, or any rules of any national or other securities exchange, and any regulations having the force of law;
(h) “stalk,” “troll,” or otherwise harass another person or company, or take any action invasive to another’s privacy (by posting, for example, another’s photograph, address, email, phone number or any other contact information) without permission from such other person;
(i) solicit passwords or personal identifying information for unintended, commercial or unlawful purposes from other users;
5. INTELLECTUAL PROPERTY RIGHTS, LICENSES AND LIMITATIONS; UNSOLICITED CONTRIBUTIONS FROM USERS
You acknowledge and agree that Twuffer own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service (the “Software”), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service. Upon your establishment of a user account with Twuffer, Twuffer grants you a non-exclusive, limited, non-transferrable license to use the Site/App and the Service, which license may be revoked by Twuffer at any time.
In order to enable us to operate the Service, we may need to obtain from you certain license rights to the Content you submit (so that our storage, technical reproduction, back-up and distribution, and related handling of your Content doesn’t infringe applicable copyright and other laws). Accordingly, by using the Service and posting Content, you grant Twuffer a limited, non-exclusive license to reproduce your Content to enable it to operate and promote the Service, which license is royalty free, irrevocable and worldwide, and includes a right for Twuffer to make such Content available to others with whom it has contractual relationships related to the provision of the Service, solely for the purpose of providing such services, and to otherwise permit access to your Content to third parties if Twuffer determines such access is necessary to comply with its legal obligations. You also acknowledge that we have the right to elect not to accept, store, display, publish or transmit any Content in our sole discretion.
By submitting your unsolicited ideas, suggestions, and/or proposals for our Service and its features through a “Contact Us” interface or otherwise (collectively, “Contributions”), you acknowledge and agree that: (a) your Contributions do not contain confidential or propriety information; (b) Twuffer is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Twuffer may have something similar to the Contributions already under consideration or in development; (d) your Contributions automatically become the property of Twuffer without any obligation of us to you; and (e) you are not entitled to any accounting, compensation or reimbursement of any kind from Twuffer for your Contributions under any circumstances.
6. THIRD PARTY SERVICES
Twuffer may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service, you will be causing communications to be sent through computer networks owned by Twuffer and third parties that are located in Portland, Oregon and other locations in the United States and other countries and that, as a result, your use of the Service will likely result in interstate data transmissions.
7. MODIFICATIONS OF SERVICE
We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof. In that event, we will make commercially reasonable efforts to notify you of these actions by posting the changes on our Site, or, where appropriate, notifying you directly by electronic means. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance or any part of the Service. In connection with any modification of the Service, we may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service.
Twuffer may terminate the Service, or your access to our use of the Service or your account, with or without notice. Reasons for terminating your account or the Service may include, without limitation (a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion, (c) your nonpayment of any fees or other sums due or any other party related to your use of the Service or purchase of products, (d) requests by law enforcement or other government agencies, (e) the discontinuance or material modification to the Service (or any part thereof), or (f) unexpected technical or security issues or problems. In the event of any termination, we will close your account and you will no longer be able to retrieve Content contained in that account or otherwise use the Service.
We may include the use of third party resources and/or links to third party websites as part of the Service. We have no control over such sites and resources and, accordingly, you acknowledge and agree that (a) we are not responsible for the availability of such external sites or resources;
(b) we do not endorse and are not responsible or liable for any other content or other materials available from such sites or resources and (c) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or materials available on or through any such site or resource.
You agree to indemnify and hold Twuffer, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, injury, and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service or Products or any violation of these terms of Service or any other actions connected with our use of the Service (including all actions taken under your account).
11. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWUFFER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) TWUFFER DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; OR (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
(c) NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWUFFER SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
12. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TWUFFER, ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, INJURY, ILLNESS, DEATH, ECONOMIC DAMAGES, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES (EVEN IF TWUFFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OF OUR SERVICES ; (ii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (iv) OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (v) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vi) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (vii) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF SERVICE; OR (viii) ANY OTHER MATTER RELATING TO THE SERVICE.
YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT IN THE EVENT THIS EXCLUSION OF LIABILITY OF TWUFFER IS DEEMED LEGALLY UNENFORCEABLE, FOR ANY REASON, THAT SUCH LIABILITY SHALL BE LIMITED TO THE TOTAL CONSIDERATION PAID BY YOU TO TWUFFER FOR ANY SERVICES.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You agree that we may provide you with notices hereunder by email, or postings on the Site/App related to the Service, in our discretion, and that we may rely upon the contact information you have provided as being accurate, complete and current.
14. GENERAL TERMS
(b) You acknowledge and agree that any affiliate of Twuffer is be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service. Other than this, no other person or company shall be a third party beneficiary to these Terms of Service.
(c) These Terms of Service and the relationship between you and Twuffer shall be governed by the laws of the State of Oregon, U.S.A., without regard to its conflict of law provisions. You and Twuffer agree to submit to the personal and exclusive jurisdiction of the courts located within the County of Multnomah, State of Oregon, U.S.A. Notwithstanding this, you agree that Twuffer shall be allowed to apply for injunctive remedies or an equivalent type of urgent legal relief in any applicable court of competent jurisdiction.
(d) The failure or delay by Twuffer to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. 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 the Agreement remain in full force and effect.
(e) You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever bared from bringing such claim.
(f) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.